This Agreement sets forth the Standard Terms and Conditions that apply to the use of the Home Business Academy (THBA) Services. YOUR
USE OF THBA SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. You agree to familiarize yourself with the Terms of Service, and abide by them if you
choose to use the services to which such terms apply.
User Conduct
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our
service.
Membership Terms: The Home Business Academy offers month-to-month membership programs on its website. The terms of membership renewal are detailed below. The HBA reserves the right to change these terms and conditions at any time, including the right to modify or discontinue the terms of membership. Monthly Subscription Auto-Renew, Cancellation, and Refund Policy: All monthly subscriptions are "auto-renewing," meaning we will bill your credit card each month, on the anniversary of the calendar day of your subscription, until you cancel. If the calendar day on which you subscribed does not exist in the following month(s), the billing date will be the last day of the following month. For example, if you subscribe on June 10, your next billing date is July 10. If you subscribe on March 31, your next billing date is April 30. For billing purposes, we will keep your credit card information on file and may occasionally ask you to update it.
User Eligability
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If
you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in
their name. You agree to provide THBA with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this
information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to
fully investigate any possible fraudulent credit card use.
Unlawful or Prohibited Use
As a condition of your use of THBA you warrant that you will not use the provided service for any unlawful purpose. If you are in
violation of any prohibited uses THBA has the right to terminate your account immediately and there will be no refunds or any kind.
Terms of Payment
You agree to pay THBA appropriate payment for the services received from THBA in advance of the time period during which such services
are provided. You agree to provide current billing and contact information and authorize THBA to bill all account and related charges to the credit card on file. You
further agree that until and unless you notify THBA of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree
that prepayments will be billed and charged automatically, that THBA may apply the amount due to the provided card at the agreed billing intervals, and will issue
absolutely no refunds. If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit such a card within five business days
of the original attempt. Should the card be denied again, we may terminate the account. You may notify us in advance of your next billing cycle your desire to provide for
alternative payment arrangements. THBA reserves the right to change prices at any time. There are no refunds.
Website Content
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other
systems reachable through the Internet, including any attempt at unauthorized access. You agree to abide by any and all future policy decisions. You represent and warrant
that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely
responsible for all use of the account.
Refund Policy
You may cancel your monthly subscription prior to the next billing date to avoid future charges by notifying The Home Business Academy in writing or via the Site. If you terminate your membership within seven (3) days prior to the beginning of a billing cycle, you will be entitled to a full refund, but your access to the Site will be terminated immediately. We do not provide partial-month (prorated) refunds.
Termination
THBA may terminate this agreement and your access to any or all THBA related services at any time, with or without cause, effective
immediately if any provisions of this agreement is broken by the account holder. THBA shall have no responsibility to notify any third-party providers of services,
merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by THBA to have
violated these Terms of Service may be barred from receiving any services from THBA. You may terminate this Agreement at any time by e-mailing the support department at
our customer services page. No refund shall be issued but all future automatic billing will be canceled. If you cancel from the website, or by phone an automatic email
will be sent to you as your proof of cancellation. If you cancel but do not receive this cancellation email, contact THBA using the contact details contained on the
customer services page immediately and the email will be sent to you. In the event of a dispute over whether you canceled before you a rebilling occurred, the date shown
on your cancellation email will determine if you canceled be before the rebilling occurred. If you cannot produce the cancellation email and no record of it exists in the
software database then you shall have no claims of cancellation and will not receive any refunds.
Relationship of the parties
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of
joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
Governing Law
British law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding
any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its
rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be
awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction
and venue of the courts of Great Britain. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would
become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. The terms of this Agreement apply to those
obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and
following termination and assignment.
Indemnification
You agree to defend, indemnify and hold harmless THBA against any and all claims, losses, penalties, causes of action, damages,
liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without
limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade
secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with THBA. You agree
that your sole and exclusive remedy to any issues relating to THBA Service is to discontinue using the Service.In the event of a merger or consolidation of THBA, the
surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services
provided hereunder, and supercedes any prior Agreements between the parties with respect thereto. The failure of THBA to enforce a provision of this Agreement shall not be construed as a waiver or limitation of THBA's right to subsequently enforce and compel strict
compliance with every provision of this Agreement. THBA reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the THBA Website. You are
responsible for regularly reviewing these documents. Continued use of the THBA Services after any such changes shall constitute your consent to such changes. THBA does not
and will not assume any obligation to notify you of any changes to the Terms of Service.
Disclaimer
THBA SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THBA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY
THAT THBA SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THBA, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE
A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THBA, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF OR INABILITY TO USE THBA SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THBA SERVICE; OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THBA RECORDS, PROGRAMS OR SERVICES. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THBA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES
AVAILABLE FROM THBA AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF
WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Contact us with questions regarding these terms.
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