This Subscriber Agreement (the
"Agreement") explains the terms and conditions governing
your use of the Priceless Possibilities Service, technology,
and any other content available on the Priceless Possibilities
Service. Please read the whole thing. By joining, you accept
these terms and conditions and acknowledge that the Priceless
Possibilities Service is subject to certain limitations set
forth below. If you do not wish to accept this agreement, do
not proceed with the registration. By registering you agree to
use the Priceless Possibilities Service in a manner consistent
with all applicable laws and regulations and in accordance with
the terms and conditions outlined below.
(a) Generally. Subscribership
to the Priceless Possibilities Service provides registered Subscribers
(each a "Subscriber") with the package of content,
tools, and services described below ("Priceless Possibilities
Service(s)"). Among other things, Subscribers may use the
technology available throughout the Priceless Possibilities
Service ("Technology") to build their web presence
(each a "Subscriber Site"). You understand and agree
that Priceless Possibilities may, at its discretion, add or
delete any features included as a part of the Priceless Possibilities
Service or Technology at any time.
(b) Priceless Possibilities
Services and Technology: You will be able to use the Technology
incorporated in the Priceless Possibilities Service to build
and maintain your Subscriber Site. Priceless Possibilities provides
the following Standard Service, and reserves the right to alter
such Standard Service, at its sole discretion. Specifically,
Priceless Possibilities Standard Service allows your use of
certain functionalities: building a hosted web site via our browser-based
application, integrating certain communication tools into your
Subscriber Site, creating an online catalog of products using
Priceless Possibilities browser-based catalog-building services,
building commerce capabilities into your Subscriber Site, utilizing
certain marketing and promotion features, and gathering information
regarding your Subscriber Site using reporting tools. Priceless
Possibilities may offer other tools and services which are not
part of the Standard Service, including premium services for
which a fee will apply are not included in the Priceless Possibilities
2. Restrictions and Description
of Prohibited Acts
(a) You may not use the Priceless
Possibilities Service, the selection of a web address for your
Subscriber Site, the Technology, or the Subscriber Site to, including,
but not limited to: (i) Display material containing pornographic
material of any kind; (ii) Sell or promote any products or services
that are unlawful in the location at which the content is posted
or received; (iii) Post any content or otherwise infringe in
any way or violate any copyright, patent, trademark, service
mark, trade name, trade secret, or other intellectual property
right of any third party.
(b) You also agree that you will
never promote or provide instructional information about: illegal
activities, activities that can lead to physical harm to any
group or individual, or any activities that lead to cruelty to
animals. You may not use the Priceless Possibilities Service,
Technology, or Subscriber Site in any high-risk activities where
damage or injury to persons, property, environment, or business
may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK
FOR SUCH USE.
(c) You agree that you will never
conduct the following types of activities on the Subscriber Site:
gambling; sweepstakes; raffles; lotteries; contests, pyramid,
or Ponzi schemes; and/or unsolicited commercial email (spam).
(d) Subscribers shall be limited
to 25MB of storage space for files (including, but not limited
to, text or graphics files) uploaded to the Priceless Possibilities
3. Payment Terms (a) The Priceless
Possibilities Standard Service, as described in Section 1, is
offered for $29.97 which will be billed
immediately by Priceless Possibilities. Unless there is a
"Free Trial Period" shown on this page, in which case
you will be billed the day following
your "Free Trial Period".
Your next billing will be one month later
and continuing every month until termination of this agreement occurs.
reserves the right at its sole discretion and as it deems appropriate
to add or remove certain services it offers and change its fees
for any services in accordance with the above sections.
4. You agree to notify Priceless
Possibilities immediately if you suspect unauthorized use of
the Priceless Possibilities Services, your credit card, or your
password. Under the fair Credit Billing Act, your credit card
provider cannot hold you liable for more than $50.00 of fraudulent
5. Changes to the Terms and Conditions
Priceless Possibilities may at any time, with notice of not
less than thirty (30) days, change its fees and change the terms
of this Agreement. Except for the addition of new tools and services,
Priceless Possibilities will also give reasonable notice before
any modification of the then current Priceless Possibilities
Service that could change your Subscriber Site. If you find
any change to be unacceptable, you are free to terminate this
agreement. Your use of the Priceless Possibilities Service after
the effective date of a change constitutes your continued acceptance
of the terms of this agreement, the Priceless Possibilities
Service, and its fee schedule.
6. Information About You and
(a) Priceless Possibilities
is committed to protecting your privacy. Priceless Possibilities
will never willfully sell personally identifiable information
about you or your business to any third party other than through
the sale or acquisition of our company to another.
7. Priceless Possibilities Rights
(a) Communications. Priceless
Possibilities reserves the right to communicate with all Subscribers
regardless of their email subscriptions in the event that important
messages need to be communicated to Subscribers, including, but
not limited to, service outages, material changes or modifications
to the service, and notice of changes to the Subscriber Agreement.
By subscribing to Priceless Possibilities, you acknowledge that you allow
Priceless Possibilities to contact you by phone to update you of ways to use
our service as well as any information from our company that might be
beneficial for you.
(a) Term. This agreement shall
be effective upon when you click on the Submit button and shall
continue unless and until terminated.
(b) Priceless Possibilities
may at any time without notice to you discontinue any or all
aspects of the Priceless Possibilities Service or restrict your
use of the Priceless Possibilities Service in whole or in part
for any breach of this Agreement by you; or if Priceless Possibilities
determines in its sole and exclusive judgment that terminating
your use of the Priceless Possibilities Service is necessary
for security reasons or for proper continued operation of the
Priceless Possibilities Service; or your use of the Priceless
Possibilities Service or Technology is not for legitimate business
purposes, or your use of the Priceless Possibilities Service
violates any laws or regulation; or if Priceless Possibilities
receives information that the Priceless Possibilities Service
or your use of the Priceless Possibilities Service (or any part
thereof) may violate any third-party right.
(I) Priceless Possibilities
may at any time modify or discontinue any or all aspects of
the Priceless Possibilities Service or restrict your use of
the Priceless Possibilities Service in whole or in part for
Priceless Possibilities 's convenience.
(II) Priceless Possibilities
may at any time modify or
discontinue any or all aspects of the Priceless Possibilities
Service if the credit card number you provide Priceless Possibilities
expires, or if Priceless Possibilities is unable to charge
valid charges to that credit card number, or if you otherwise
fail to make payments due to Priceless Possibilities hereunder.
(III) Upon termination of this
Agreement, all rights granted to you under this Agreement shall
terminate immediately. If Priceless Possibilities terminates
this Agreement or suspends your access to the Priceless Possibilities
Service, you will remain liable for the full charge for the
period during which we terminate or suspend your Priceless Possibilities
Service. Following such termination or suspension, you agree
not to reregister for or otherwise access the Priceless Possibilities
Services without Priceless Possibilities 's prior written approval.
Priceless Possibilities reserves the right to delete any data
files associated with your use of the Priceless Possibilities
Service upon termination of this Agreement.
(c) Termination by You. You may
terminate this Agreement immediately for any reason at any time.
You will remain liable for the full charge for the period during
which you terminated this Agreement and for all usage-based fees
through the effective date for termination of this Agreement.
9. Indemnification You agree
to indemnify Priceless Possibilities and hold Priceless Possibilities
harmless against any and all liabilities, cost, and expenses,
including reasonable attorney's fees related to or arising from:
(i) your use of the Priceless Possibilities Service in a way
that is prohibited or restricted under this agreement; (ii) infringement
of any copyright, trademark, intellectual property, or other
right or patent by any material you post or use on your Subscriber
Site; (iii) any breach by you of this agreement; and/or (iv)
any indecent, obscene, or libelous material posted on your Subscriber
10. Reporting Violations Priceless
Possibilities does not actively monitor the content of Subscriber
Sites but will investigate complaints of a violation of a third-party
11. Proprietary Rights As between
the parties, Priceless Possibilities acknowledges that it claims
no proprietary rights in Subscriber's content or any intellectual
property right contained therein.
13. Limitation on Liability (a)
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS
AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT
IN NO EVENT WILL PRICELESS POSSIBILITIES , OUR AFFILIATES, CONTRACTORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRICELESS
POSSIBILITIES SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE
PRICELESS POSSIBILITIES SERVICE ("PRICELESS POSSIBILITIES
AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU
IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE PRICELESS
POSSIBILITIES SERVICE; (II) FOR LOSS OR INACCURACY OF DATA OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY;
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES
AND LOSS OF PROFITS, EVEN IF PRICELESS POSSIBILITIES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) THE AGGREGATE LIABILITY OF
PRICELESS POSSIBILITIES AND THE PRICELESS POSSIBILITIES AFFILIATES,
ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE
FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID
TO PRICELESS POSSIBILITIES DURING THE TERM OF THIS AGREEMENT
FOR ANY PRICELESS POSSIBILITIES SERVICE OR TECHNOLOGY.
(b) SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(c) IN NO EVENT IS PRICELESS
POSSIBILITIES OR ANY PRICELESS POSSIBILITIES AFFILIATE LIABLE
FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES
IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE
BEYOND PRICELESS POSSIBILITIES CONTROL.
(d) THIS SECTION APPLIES TO ALL
CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING
YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN
IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM
OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED
TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR
14. Warranties/Disclaimers (a)
Priceless Possibilities warrants that, if a Subscriber is dissatisfied
in any way with the Priceless Possibilities Service, Technology,
or Content provided on or through the Priceless Possibilities
Service, upon notice from you we will terminate the Agreement.
This is your sole and exclusive remedy for any breach of the
(b) THE OPINIONS AND VIEWS EXPRESSED
IN ANY SUBSCRIBER SITE DO NOT REFLECT THOSE OF PRICELESS POSSIBILITIES.
PRICELESS POSSIBILITIES DOES NOT REVIEW, VERIFY, ENDORSE, OR
OTHERWISE VOUCH FOR THE CONTENT OF ANY SUBSCRIBER SITES. PRICELESS
POSSIBILITIES IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SUBSCRIBER
PAGE. SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED
IN THEIR OWN SUBSCRIBER SITE.
(c) ALL PRICELESS POSSIBILITIES
SERVICE, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH
THE PRICELESS POSSIBILITIES SERVICE ARE PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN,
(d) PRICELESS POSSIBILITIES
DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT
THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION.
PRICELESS POSSIBILITIES AND ITS LICENSORS ARE NOT RESPONSIBLE
FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE
CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(f) THE DOCUMENTS AND GRAPHICS
APPEARING ON THE PRICELESS POSSIBILITIES SERVICE MAY INCLUDE
TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE
INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH
USE OF THE PRICELESS POSSIBILITIES SERVICE.
15. Miscellaneous (a) This Agreement
shall be governed by and construed in accordance with U.S. federal
and California laws, excluding its conflict-of-law provisions.
The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded. Any
law or regulation that provides that the language of a contract
shall be construed against the drafter shall not apply to this
Agreement. You agree to submit to the exclusive jurisdiction
of the federal and state courts of the state of California, which
are located in San Francisco, CA. If local laws prohibit your
participation in any part of the Priceless Possibilities Service,
or use of them, then you are responsible for complying with such
laws and the terms of this Agreement.
(b) Any and all disputes between
you and Priceless Possibilities will be settled by arbitration
in San Diego, CA, in accordance with the regulations of the American
Arbitration Association then in force, and you agree that all
negotiations, discussions, and settlements shall be subject to
obligations of confidentiality and shall not be disclosed to
any third party.
(c) If any provision(s) of this
Agreement is held to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force
(d) All notices to you shall
be in writing and shall be made either via email or conventional
mail, or by posting such notices on the Priceless Possibilities
Service. Priceless Possibilities may broadcast notices or messages
through the Priceless Possibilities Service to inform you of
changes to this Agreement, the Priceless Possibilities Service,
or other matters of importance; such broadcasts shall constitute
notice to you. All notices to Priceless Possibilities from you
must be made in writing via email addressed to email@example.com.
(e) Priceless Possibilities 's
failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Priceless Possibilities
(f) This Agreement comprises
the entire agreement between you and Priceless Possibilities
and supersedes all prior agreements between the parties regarding
the subject matter contained herein.
(g) Your Subscribership in the
Priceless Possibilities Service and any of your rights hereunder
may not be assigned or transferred to any third party. Priceless
Possibilities reserves the right to assign this agreement to
any third party that acquires all or substantially all of its
relevant business or assets.
(h) The section titles in this
Agreement are solely used for the convenience of the parties
and have no legal or contractual significance.
(i) You represent and warrant
that you are over the age of 18 years, have read this Agreement,
and agree to be bound by its terms and conditions.