Terms and Conditions
This agreement is by and between Onyx Global Solutions and/or
their assigns, all subscribers and all partners. Unless the context
requires otherwise, Onyx Global Solutions. and/or their assigns
shall be referred to as "us, we, or our" and you shall be referred to as
"you, your or subscriber."
You understand that Onyx Global Solutions. and/or their assigns
does not guarantee or predict any type of profit or response from said
services. Subscriber agrees to hold Onyx Global Solutions
harmless from and against any and all losses, claims, expenses, suits,
damages, costs, demands or liabilities, joint or several, of whatever
kind or nature which Onyx Global Solutions and/or their assigns
may become subject arising out of or relating in any way to the use of
the services provided under this agreement, including, without
limitation, in each case attorneys' fees, costs and expenses actually
incurred in defending against or enforcing any such losses, claims,
expenses, suits, damages or liabilities. Subscriber understands that
by submitting their contact information, their information will be
protected according to our privacy policy, located here:
http://www.onyxglobalsolutions.com/privacy.html and that their
information will not be shared with
anyone without their consent. Subscriber also understands that by
providing their information to Onyx Global Solutions, they agree
to receive newsletters, incentives and other forms of communication.
A. Services to be Provided. We agree to pay you a certain
commission as described on our website for sales made of your products
and services that we have showcased in our Partner's Network.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote Onyx
Global Solutions in a manner that is unethical or inappropriate; or
(c) for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND,
EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Onyx Global
Solutions , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE
EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF
THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any
damages suffered by you, whether indirect, special, incidental,
exemplary, or consequential, including, by not limited to, loss of data
or service interruptions, regardless of cause or fault. We are not
responsible for your lost profits or for your loss of data or
information. If notwithstanding this clause we are held liable to you.
D. TERMS. You agree: (1) to use our system in a manner that is
ethical and in conformity with community standards; (2) to respect the
privacy of other users (you shall not intentionally seek data or
passwords belonging to other users, nor will you modify files or
represent yourself as another user unless explicitly authorized to do so
by that user); (3) to respect the legal protection provided by copyright
law, trade secret law, or other laws protecting intellectual property;
4) to accept commercial emails from us; 5) to be responsible for all
shipping, rendering, customer service and delivery of your services
and/or products that have been purchased through our network. We are not
responsible for the delivery, shipping, customer service and rendering
of said purchased services and/or products. ; 6) to handle any and all
request for refunds and disputes. Onyx Global Solutions will not
handle or process refunds on your behalf. 7)
to accept commercial emails from us;
If we learn of a violation or likely violation of our TERMS OF SERVICE,
we will attempt to notify you. If you do not take immediate remedial
action which is satisfactory to us, or in the event of a serious
violation of the TERMS OF SERVICE, we reserve the right to terminate
your account immediately. Every effort will be made to inform you prior
to account termination, and to re-establish your account upon receiving
such representations from you as we deem appropriate in the
circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING
SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You
may also be subject to fines and legal actions as a result of your bulk
email promotion.
E. Assignment. This agreement is personal to you. You may not
assign your rights under this agreement without our prior written
consent. If you do assign your rights, as would be the case were someone
other than you to use your account, you shall remain liable to us for
any fees due under this agreement. We may assign this agreement at any
time.
F. Change of Terms and Conditions. We reserve the right to change
the terms and conditions of this agreement as needed. Use of our servers
by you after said changes constitutes acceptance of those new terms and
conditions. If you do not agree to the new terms and conditions, you may
terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with
such other information relating to your use of this service as we deem
necessary or desirable. You agree to notify us if your address, email
address, telephone number, billing information changes.
H. Notices. All notices, requests, demands, and other
communications under this agreement shall be in writing and shall be
deemed to have been given on the date of delivery: if delivered
personally to the party to whom notice is to be given; if sent by
electronic mail with a cc: to sender; if sent by fax; or on the third
day after mailing by first class mail.
I. General Provisions. The subject headings of the articles and
sections are for convenience only, and shall not affect the construction
or interpretation of any of its provisions. If any portion of this
agreement is found invalid or unenforceable, that portion shall be
severed and the remainder of this agreement shall remain in force. This
agreement constitutes the entire agreement between us pertaining to its
subject matter and supersedes all of our prior agreements,
representations, and understandings. Subject to Section I, no
supplement, modification, or amendment of this agreement shall be
binding unless executed in writing by both parties. No waiver of any of
the provisions of this agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver. This agreement may
be executed in one or more counterparts. Each shall be deemed an
original, but all of which together shall constitute one and the same
instrument. If an organization is the subscriber, the individual signing
up for our services represents that he or she is duly authorized to
enter into this agreement on behalf of that organization. In the event
of a dispute, the parties agree to submit the matter to the Community
Dispute Resolution Service or any recognized Arbitration Board located
within our state and county, before instituting litigation.