Drama Tech, Inc
Terms & Condition
WHEN YOU CLICK THE “I ACCEPT” BUTTOM O F THIS DOCUMENT, YOU THE BUYER ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT
Advanced Consent
You understand that this consumer transaction involves your advanced consent (also called a negative option), and you may be liable for payment of future goods and services under the terms of this agreement if you fail to notify the supplier not to supply the goods or services described. For future purchases, ezprofitclub.com reserves the right to make modifications and changes at any time, to these terms and conditions that are deemed necessary, without prior notification.
Shipping & Other Fees
Upon submitting a request for Membership, a Member ID and Password are assigned to you and can be used to gain access to ezprofitclub.com. The initial shipping and handling charge of one dollar and ninety seven cents, includes the ezprofitclub.com Google Automated Income Kit as well as Three days worth of access to the online directories and training. After Three days, if you choose not to cancel, you will be billed your first monthly membership fee of $79.99 for the membership fee for the ezprofitclub.com membership. Membership fees will be charged to the credit card used by you to complete the transaction.
If you choose to sign up for this product and pay the recurring monthly charges using a debit card you hereby provide pre-authorization and consent that ezprofitclub.com may charge eighty $79.99 on a monthly basis. You may stop payment on any pre-authorized charge by notifying ezprofitclub.com at least three business days prior to the scheduled charge date. You agree your pre-authorization and written consent to charge your debit card is given in electronic form by submitting the request for the membership, and that an electronic signature is sufficient to authenticate your authorization to charge the debit card. You further agree that these terms and conditions shall be your copy of your pre-authorization for the debit card.
Upon completion of the order form, should your credit card be declined, we may, at our option continue to try to authorize your purchase on future dates. Your acceptance of these terms indicates your additional acceptance that should your purchase of either the shipping for your free kit, or your monthly membership fee eventually approve, you will accept and approve those charges to your method of payment.
30 Day Unconditional Satisfaction Guarantee Requirements
The product, service or membership referenced herein is sold with a 30 day 'no questions asked' 100% money back guarantee. If the product is other than an e-product or digital product, the product must be returned during the refund period to the shipping address provided with the product. When you call, a customer representative will give you an RGA (Return Goods Authorization) number. The kit must then be returned with the RGA number. Please ship your kit with a delivery confirmation to our fulfillment center: Torre Advanced 099, Piso 6, Calle Ricardo Arias, Apartado 10701, El Dorado,Ciudad de Panamá, Panamá. Note: This address is for returns only. All other correspondence must be sent to the address on the website. The burden is on the Buyer to prove that the product was in fact returned to that address. Cancellation of a membership or request for refund of a digital product delivered over the internet must be noticed to the contact address in this Purchase Agreement. The Buyer understands that all rights to view the product and all license or resale rights terminate when the product is returned for a refund. (Selling of a product in which you have no ownership interest or resale license rights is a crime as well as breach of this agreement.) Giving the Buyer a refund during the refund period is the full and complete liability that the Seller of this product, service or membership has to the Buyer. Buyer agrees that the length of the refund period is reasonable and further agrees to examine, read, and try the product, service or membership during the 30 day refund period as a material consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a determination during the 30 day refund period if the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the product, service or membership with no further right of redress or refund for any reason due the Buyer.
Definitions
As used in this Agreement, the following definitions will apply:
"Agreement" shall mean these Terms and Conditions (including any terms incorporated by hyperlink). "Client", "I", "you" or "your" shall mean the person or persons using, or subscribing to this website. "We", "us", "the company" or "our", shall mean ezprofitclub.com and its owners. "Site" shall mean a World Wide Web Site, and depending on the context, refers to the back office administration web site, the sponsor's web site, or the affiliate's web site.
In some cases, the owners, originators, founders, developers, and marketers of this product may use a 'pen name' to allow for privacy and confidentiality. Because we give valuable information away for free, the same information that others sell for thousands of dollars, we have made some industry ‘guru's' quite mad. This should not be construed as an attempt to not disclose, but rather simply a desire for privacy from an ever-growing threat of jealousy and attack by our competitors. All testimonials and representations of profits earned are real Actual names, website, addresses, etc. are available by writing to our headquarters at the address below. The company may at its sole discretion elect to disclose such information on an individual basis.
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement that you are at least 18 years of age, your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions do not use the ezprofitclub.com website.
These Terms and Conditions May Change
ezprofitclub.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. If at any time you deem the modification(s) to be unacceptable to you, termination of this agreement is your only recourse. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions each and every time you use this website.
Membership and billing
You can find the specific details regarding your purchase and billing with ezprofitclub.com at anytime by clicking on the "Billing Information" link within the "Settings" section located at the top of the pages of the ezprofitclub.com website; you must be "logged in" to view this section.
Free Trials
We encourage the use of our service through free trials. To view the
specific details regarding your free trial, if any, click on the "Settings"
link located at the top of the ezprofitclub.com website page; you must
be "logged in" to view this section.
Free trials are only available to first time customers of the ezprofitclub.com
service and cannot be combined with any other free trial offer. Only
one free trial may be redeemed by a retailer or retailer's organization
and its agents. You must have Internet access and a valid form of currently-accepted
payment such as a credit card, debit card, or alternative valid form
of currently accepted payment ("Payment Method") to redeem
a free trial offer. Upon registering for your free trial, your Payment
Method may be authorized up to the term of service for which you joined.
In some instances, your available balance or credit limit may reflect
the authorization; however, no charges will be made against the Payment
Method unless you do not cancel prior to the end of your free trial
period. The day you start your trial is considered 'Day 1' of the trial,
regardless of the time of day you register.
We will begin billing your Payment Method for subscription fees corresponding
to your subscription program on a monthly basis plus any applicable
tax at the end of your free trial period unless you cancel prior to
the end of your free trial. You may not receive a notice from us that
your free trial has ended or that your paying subscription has begun.
YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES
TO YOUR PAYMENT METHOD. For subscriptions, we will continue to bill
your Payment Method on a monthly basis for your subscription program
until you cancel. You may cancel your subscription at anytime. We offer
a number of subscription programs, including special promotional programs
with differing pricing, length of subscription terms, and bundles. Some
of these promotions are offered by third parties in conjunction with
the provision of their own products and services. We are not responsible
for the products and services provided by such third parties. We reserve
the right to modify, terminate or otherwise amend our offered subscription
programs.
If you are contacted by a sales agent within your free trial and agree
to a charge for a promotional membership, your free trial is void the
moment you accept the charge.
Billing
By using the ezprofitclub.com service, you are expressly agreeing that
we are permitted to bill you a recurring monthly subscription fee, any
applicable tax and any other charges you may incur in connection with
your use of the ezprofitclub.com service. As used in these Terms of
Use, "billing" shall indicate either a charge or debit, as
applicable, against your Payment Method. The subscription fee will be
billed at the beginning of your subscription and on each monthly renewal
thereafter unless and until you cancel your membership. Click on the
"Billing" link on the "Settings" page to see the
commencement date for your next renewal period. We will automatically
bill or attempt to bill your Payment Method each month on the calendar
day corresponding to the commencement of your membership. In the event
your membership began on a day not contained in a given month, we will
bill or attempt to bill your Payment Method on the last day of such
month. For example, if you became a paying member on January 31st, your
Payment Method would next be billed or attempted to be billed on February
28th. All fees and charges are nonrefundable. We may change the fees
and charges in effect, or add new fees and charges from time to time,
but we will give you advance notice of these changes by e mail or to
your account upon login. If you want to use a different Payment Method
or if there is a change in your credit card validity or expiration date,
you may edit your Payment Method information by clicking on the "My
Account" button, available at the top of the pages of the ezprofitclub.com
website. If your Payment Method reaches its expiration date, your continued
access of the service constitutes your authorization for us to continue
billing that Payment Method. If ezprofitclub.com attempts to bill your
Payment Method and does so unsuccessfully, you grant ezprofitclub.com
the right to attempt to process and bill your Payment Method for up
to 180 days as well as bill your Payment Method for any unsuccessful
accruing billings during such time.
Automatic Renewals
Your ezprofitclub.com subscription will be automatically renewed on
a monthly basis. For your convenience, we will bill the monthly fee
plus any applicable tax to the Payment Method you provide to us during
registration (or to a different Payment Method if you change your account
information). Your membership will automatically renew for successive
monthly subscriptions, without prior notice to you, unless and until
you cancel your membership or we terminate it. You must cancel your
membership before it renews each month order to avoid billing of the
next month's subscription fees to your Payment Method. You are not eligible
to receive refunds once your Payment Method has been billed.
Cancellation
You may cancel your subscription to ezprofitclub.com during regular
business hours, Monday through Friday 7:00 AM to 10:00PM, Mountain Time,
by calling 800-385-1694. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY
PARTIAL-MONTH SUBSCRIPTION PERIODS. We reserve the right to terminate
your account for any or no reason.
Disclaimer of Warranties and Liability
This Site is for informational purposes only, and is intended to provide helpful and informative material on the subjects addressed. ezprofitclub.com does not provide legal, financial, or any other kind of professional advice or services. To make sure that information or suggestions on this site fit your particular circumstances, you should consult with an appropriate professional before taking action based on any suggestions or information on this site.
Information and products offered by ezprofitclub.com and others through this Site are provided "as is" and without any express or implied warranty or representation of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. ezprofitclub.com makes no representation concerning, nor does it warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability, or fitness for any particular use or purpose of any information, products, or services offered by ezprofitclub.com and others through this Site. In no event will ezprofitclub.com be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages, for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, or failure to achieve any particular result, whether through an action based on contract, negligence, other tort, or strict liability, even if ezprofitclub.com is expressly advised of the possibility of those types of damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. For more details of our disclaimer and liability please see Disclaimer
Notification
These Terms and Conditions serve as your purchase agreement and are notification of such.
Term of the Agreement
The period during which this Agreement will be in effect begins upon your purchase of subscription, or success kit and will end when terminated by either party. Either party may terminate the Agreement at any time, with or without cause, by giving the other party 10 (ten) days written notice of termination. Either party may terminate the Agreement immediately, without notice, if the other party breaches any material term of the Agreement and the breach is not corrected within 10 (ten) days of written notification. Upon the termination of this Agreement, you must immediately cease use of our site and any other materials provided to you in connection with this Agreement, including any trademarks, trade dress and logos.
NOTE: Memberships may not be modified or cancelled via email. Thank you for your membership, we look forward to continuing to serve you.
Charge backs and Reversals
We handle all charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services. In cases where we have provided a service and we have verified that a client has received a kit and/or received a password to our site(s), whether or not they have used the site in any way, possible actions taken by the company may include disabling access to your account, filing a complaint with the Internet Crimes Bureau or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of services. All fraudulent cases of chargeback requests will be vigorously fought by the Company. Please be advised that all activity and IP address information is being monitored on the site. This information may be used in a civil and criminal case against a client if there is fraudulent use or theft of services.
Copyright Notice
All of the Content you see and hear on the ezprofitclub.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ezprofitclub.com, one of its affiliates or by third parties who have licensed their materials to ezprofitclub.com.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. ezprofitclub.com reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from ezprofitclub.com.
Non-Disclosure & Linking
You agree in advance that referencing this site (including its owners, physical address, URL, links, content and legal name) on any other website, electronic message board, forum or review site is strictly prohibited without prior express written authorization from the owners of this website. You agree not to post the URL (web address), link to, or otherwise disclose any information whatsoever that has to do with this site and its contents or the terms of your purchase. Should you violate this agreement, or provide information to a third party who posts said information, you agree in advance to specific liquidated damages in the amount of $10,000 for each violation. You further agree in advance that all legal action shall take place in the jurisdiction of the corporation who owns this website. Should collection and legal efforts be required to collect these damages, you agree in advance to pay all costs and fees necessary to collect this debt, in addition to the damages.
Trademarks & Registered Trademarks
All logos and advertisements are or may be registered trademarks of their respective owners. No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.
Registration-User Names and Passwords
You may be required to register with ezprofitclub.com in order to access certain areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, that is offensive, or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify ezprofitclub.com of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by ezprofitclub.com in accordance with the Site's Privacy Policy as posted. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
Submissions
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to ezprofitclub.com shall be and remain the exclusive property of ezprofitclub.com. Your submission of any such Comments shall constitute an assignment to ezprofitclub.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ezprofitclub.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
General Disclaimers
ezprofitclub.com does not endorse nor make any warranties or representations about the options or other service or data you may access, download or us as a result of the use of the information contained on the website, or about a website you may access through this website. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
ezprofitclub.com makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States.
ezprofitclub.com assumes no risk or responsibility for your use of any of the content provided on this website.
In some cases, the owners, originators, founders, developers, and marketers of this product may use a 'pen name' to allow for privacy and confidentiality. Because we give valuable information away for free, the same information that others sell for thousands of dollars, we have made some industry 'guru's' quite mad. This should not be construed as an attempt to not disclose, but rather simply a desire for privacy from an ever-growing threat of jealousy and attack by our competitors. All testimonials and representations of profits earned are from real individuals and/or companies. Actual names, website, addresses, etc. are available by writing to the address listed at the end of these terms and conditions.
Limitation of Liability
Under no circumstances, shall ezprofitclub.com or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of any ezprofitclub.com has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of ezprofitclub.com, under such circumstances for liabilities that otherwise would have been limited, our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.
Limitation of Liability from erroneous product content
Buyer agrees that the Seller's
total liability, even for erroneous product content that causes damage
to the Buyer, shall be limited to the purchase price paid for the product.
Limitation of Liability from harm caused by the product.
Buyer agrees that the Seller's
total liability, even from harm caused to the Buyer or to others from
use of the product, shall be limited to the purchase price paid for
the product.
Limitation of Liability from all other injuries of any kind.
Buyer agrees that the Seller's
total liability, for any other injury, harm, or tort of any kind, whether
foreseeable or unforeseeable, shall be limited to the purchase price
paid for the product.
Limitation on the Liability Limitation.
Buyer understands that some states do not allow limitation of liability.
Specific Disclaimers as to the
‘Results Claims’, ‘Income Claims’, or
‘earning claims’ in sales and promotional materials or product
If claims about results from
using this product or if claims about income or earnings resulting from
the use of this product are made, such claims are true for the persons
who made the claims, including claims made by the Seller about its own
experience with the product. If the product Buyer is purchasing is a
physical product promoted for a particular purpose and if the promotional
materials make claims about the results from the use of this product,
Buyer hereby warrants his understanding that there exists some probability
that the product will not deliver those same results to any particular
Buyer and that the refund of the purchase price (subject to the return
of the product to the Seller) is the full remedy for any Buyer who feels
the product did not deliver the results claimed.
Where this disclaimer and claims made in sales and promotional materials
or the product are in conflict, this Purchase Agreement shall be controlling
except, and unless, the Seller deliberately misled the Buyer or if such
construction would cause material inequity. The sole burden is on the
Buyer to substantiate any deliberate deception. Buyer accepts the obligation
to reimburse the Seller for all court costs, investigation costs, attorney
fees, and all litigation-related costs in the event Buyer brings suit
against the Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any,
that Buyer will earn from this material or product or service and Buyer
warrants an understanding that Buyer's only course of action is to test
this product and material for the extent of the refund period and request
a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason,
no matter the amount of damages claimed, as a material part of the consideration
for purchase of this product, the maximum amount of liability shall
be the purchase price of the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of Seller's
website.
Indemnity
You agree to defend, indemnify and hold harmless us and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney's and expert witness' fees) arising by reason of your purchase or use of the web site or arising from: Any breach of the agreement. Any claims arising from the sale or license of goods or services promoted or made available through this program except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.
Electronic Records
You agree to the use of electronic records to evidence this agreement. You understand that you have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. Your consent applies only to this transaction. You hereby waive any objection you may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.
Consent to Binding Arbitration Before the American Arbitration Association
By execution of this Agreement you hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and Company, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association ('AAA'). Client and Company further consent and agree that Client may file their complaint with the AAA in their state, but that all AAA arbitration hearings shall be conducted in Nevada, where Company is headquartered and located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with the Section R-13, Appointment from Panel, of AAA's Commercial Arbitration rules. Client and Company consent and agree that the AAA arbitrator shall exclusively apply Nevada law to the dispute, regardless of and without giving any consideration to choice of law principles. Client and Company further consent and agree that each party will bear his/her/it's own cost and attorneys' fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA arbitrator shall have no power or discretion to make any award of costs or attorneys' fees. However, in the event that Client or Company files any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys' fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators' award.
Waiver
No failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Entire Agreement
This agreement constitutes the entire understanding with regard to your purchase and affiliation with the sponsor, and us and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. By ordering from ezprofitclub.com or utilizing services of ezprofitclub.com. You hereby acknowledge that you have read the above terms and conditions, understand them, and agree to be legally bound by them.
Enforcement of Terms and Conditions
By accessing and using the ezprofitclub.com website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Nevada, United States of America.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to support@ezprofitclub.com. You may also contact us by writing to ezprofitclub.com, Website Customer Care, Torre Advanced 099, Piso 6, Calle Ricardo Arias, Apartado 10701, El Dorado,Ciudad de Panamá, Panamá, or by calling us at 800-385-1694. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210