Terms and Conditions

Ardyss Pro Terms & Conditions

Last Updated April 22, 2009

YOU SHOULD CAREFULLY READ THE FOLLOWING ARDYSS PRO AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK "REJECT." IF YOU REJECT THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER FIRST PURCHASING A LICENSE TO THE ARDYSS PRO MARKETING SYSTEM SOFTWARE, YOU MAY CALL (877) 203-6017 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE. ONCE YOU AGREE TO THE TERMS OF USE, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND. Welcome to D. Golden & Associates, Inc.'s ("DGA") "Ardyss Pro Marketing System" (the "Software"). The Software includes two components: (a) the replicated website along with any accompanying materials or documentation (collectively, the "Replicated Site"), and (b) DGA’s online Ardyss Pro Marketing System Training Service (the "Service"). Your use of the Service is subject to the Terms of Use, incorporated herein by this reference, which you must accept before you can use the Software or the Service. 1. Grant of a Limited License to Use the Service Subject to your agreement to and continuing compliance with the Terms of Use agreement, you may use the Service solely for your own non-commercial educational purposes by accessing it with an authorized, unmodified Software Client. You may not use the Service for any other purpose, or in connection with any other software. 2. Additional License Limitations The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or the Software in violation of the License Limitations will be regarded as an infringement of DGA’s copyrights in and to the Software. You agree that you will not, under any circumstances: * exploit the Software or any of its parts, including without limitation the Service, for any commercial purpose without the express written consent of DGA * modify or cause to be modified any files that are a part of the Software or the Service in any way not expressly authorized by DGA * disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other customer's Software experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SOFTWARE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Software or the Service. 3. Eligibility You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create on the Service. 4. Ownership All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, "applets"" incorporated into the Software, and the Software and server software) are owned by DGA or its licensors. The Software and the Service are protected by United States and international laws, and may contain certain licensed materials in which DGA's licensors may enforce their rights in the event of any violation of this Agreement. 5. Username and Password During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. 6. No Ownership Rights in Account NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF DGA. 7. Account Suspension/Deletion DGA MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use. Should your credit card transaction become invalid at any time due to card expiration, insufficient funds, or for any other reason, DGA reserves the right to suspend or terminate your subscription to the Service immediately. 8. Security of Login Information You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify DGA by emailing lance@idafortunes.com. 9. Changes to the Terms of Use Agreement or the Software DGA reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Software or the Service, hours of availability, content, data, software or equipment needed to access the Software or the Service, effective with or without prior notice; provided, however, that material changes (as determined in DGA’s sole and absolute discretion) will be disclosed as follows: DGA will provide you with notification of any such changes through a patch process, or by email, postal mail, website posting, pop-up screen, or notice from within the Software. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Software and the Account. Your continued use of the Software following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. DGA may change, modify, suspend, or discontinue any aspect of the Software at any time. DGA may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability. 10. Termination This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account. DGA will require written notice from you two (2) business days prior to your next scheduled billing date in order to prevent additional subscription charges. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased Software access to the Ardyss Pro Marketing System. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. DGA may terminate this Agreement with or without notice by terminating the Account as set forth in Section 7. The provisions of Sections 4, 6 and 11-17 shall survive any termination of this Agreement. 11. Warranty Disclaimer THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" AND DGA DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DGA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. 12. Limitation of Liability NEITHER DGA NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, WEBSITES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL DGA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. 13. Force Majeure DGA shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DGA, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond DGA's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 14. Acknowledgements You hereby acknowledge and agree that: * DGA may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if DGA believes that doing so may protect your safety or the safety of others. * You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers. 15. Equitable Remedies In the event that you breach this Agreement, you hereby agree that DGA would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that DGA shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as DGA may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 16, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 16. Dispute Resolution and Governing Law * Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and DGA agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. DGA will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to D. Golden & Associates, Inc..,2425 N. 2nd Street Harrisburg, PA 17110, ATTN: Legal Department. * Binding Arbitration. If you and DGA are unable to resolve a Dispute through informal negotiations, either you or DGA may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, DGA will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and DGA may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. * Restrictions. You and DGA agree that any arbitration shall be limited to the Dispute between DGA and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. * Exceptions to Informal Negotiations and Arbitration. You and DGA agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or DGA's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. * Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Benton, State of Washington, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Benton, State of Washington, United States of America, and you and DGA agree to submit to the personal jurisdiction of that court. * Severability. You and DGA agree that if any portion of Section 16 is found illegal or unenforceable (except any portion of 16(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 16(d) is found to be illegal or unenforceable then neither you nor DGA will elect to arbitrate any Dispute falling within that portion of Section 16(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Benton, State of Washington, United States of America, and you and DGA agree to submit to the personal jurisdiction of that court. 17. Miscellaneous 18. D. Golden & Associates, Inc. is not Ardyss International, nor responsible for any statements, promises, and/or compensation related to Ardyss International. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and DGA concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and DGA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect. 19. Ardyss Pro Marketing System Refund Policy D. Golden & Associates, Inc guarantees a "no questions asked" refund of D. Golden & Associates, Inc Fees which total $10.00 the First 72 Hours. A refund request is only valid if the request is received by the Ardyss Pro Support Team within the first 3 days of enrolling in Ardyss Pro. The Initial Maintenance Fee of $10.00 is a non-refundable expense paid to D. Golden & Associates, Inc for the administrative costs incurred for setting up and managing the new owners D. Golden & Associates, Inc account. Refund requests received after the 3 day, 72 hour period will not be honored by D. Golden & Associates, Inc. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.