By signing up, you agree to the following Terms of
Service.
This Terms of Service Agreement provides the terms and conditions
governing the use of The Instant Marketing System
which is owned by PNZ Management, Inc. c/o Driving Force, Inc.
You agree to use your Instant Marketing System
in a manner consistent
with all applicable laws and regulations and in accordance with the
terms and conditions discussed below.
This agreement is between PNZ Management, Inc and all
subscribers. Unless the context requires otherwise, PNZ Management,
Inc, and/or their assigns shall be referred to as "us, we, or our"
and you shall be referred to as "you, your or subscriber."
I understand that PNZ Management, Inc
, and/or their assigns does
not guarantee or predict any type of profit or response from said
services. Subscriber irrevocably covenants, promises and agrees to
indemnify PNZ Management, Inc
and/or their assigns and to hold PNZ Management, Inc and/or their assigns 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 PNZ
Management, Inc
and/or their assigns may sustain or to which PNZ Management, Inc 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.
I understand that the content within the Instant
Marketing System implies that I can
help people that may have illness, injury, or sickness and that I am
fully responsible for reviewing these claims and altering any claims
that I may not be able to fulfill.I understand that this system
may use words associations, boards, or my affiliations may not agree with. I understand it is my responsibility to alter
or change or request to change any verbiage to meet any state or
federal boards, associations, or affiliations by emailing
support@drivingforce.com
. I understand that PNZ Management, Inc, is in no way responsible for any claims,
guarantees, or medical statistics made within any part of the system
and is merely a marketing agency that is providing a
marketing template for me and my organization to use.
PRIVACY STATEMENT:
PNZ Management, Inc will not rent, sell, access or in
anyway use my customer database information. This information will
be kept strictly confidential in the highest manner
possible.
I understand that my membership only entitles
me to a license as long as I remain a member of the Instant
Marketing System
network. I understand that once I order, I will be billed every month until I
notify PNZ Management, Inc
that I want to quit this subscription
service. I agree to the monthly charge as per my plan on the order page, and that I must give a 30 day notice to cancel my recurring monthly charge for any of the plans. Monthly charges begin when I pay the
activation fee and is not
pro-rated in the event of a cancellation.
I also understand that upon expiration of my
membership, my system will no longer function
until I pay for the service, and that PNZ Management owns the rights
to any blogs, videos, and other content, managed, created or
otherwise associated with PNZ Management unless I received written agreement by PNZ Management.
Due to the nature of the technologies and
Internet stability, PNZ Management, Inc
and/or their assigns
provides, service interruptions may occur. No full, partial, or
prorate refunds will be made as adjustment for any such service
interruption. Subscriber hereby acknowledges that changes in the
nature of the services which may be offered under this agreement
which are beyond the control of PNZ Management, Inc
and/or their
assigns do not constitute grounds for any full or partial refund of
any advance fees paid.
A. Services to be Provided. We agree to
provide you, directly or through our subcontractors and affiliates,
with our e-commerce services.
B. Termination. We may terminate your
account:
(1) If any check drafts authorized under this
Agreement, are returned unpaid.; (2) if you violate our Terms Of
Service Policy; (3) if you breach any term of this agreement; (4) if
you are involved in the sales and/or distribution of the following
materials: a) Cable filters.; b) Ponzi or Pyramid Schemes.; c)
sale and/or distribution of any illegal materials.; or (5) for any
reason, at our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO
YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE
of PNZ Management, Inc
, The Instant Marketing System & Automated Practice Builder, 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.
While we take all reasonable precautions to
ensure your database is secure and protected. You understand and
agree that we are under no obligation to export, extract, retrieve
or "massage" your database for you except through our EXPORT
function.
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
email and similar offers presented through The Instant Marketing System & Automated Practice Builder
system.
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.
We strictly prohibit any involvement in
UCE campaigns, commonly known as SPAM. As such, by submitting to the
terms outlined in our Terms of Service, you are also bound to the
policies contained in our Spam Policy.
You agree to indemnify and hold us harmless
from any claim resulting from your use of this service which damages
any person.
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 our cancellation policy.
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.
J. Use of Affiliate Module. All merchants using this feature must
adhere to local legislation regarding such programs. Further, any
merchant offering such a program to their clients must act in a
responsible and ethical manner, including but not limited to payment
of affiliates, assignment of commissions, and abiding the terms laid
out in their affiliate Terms of Service. PNZ Management, Inc
reserves the right to terminate the account of any violating client
or affiliate using our system, without notice or compensation.
K. Paying by Check. Any account that has had
two (2) checks returned NSF (Not Sufficient Funds) will no longer be
allowed to pay by check. A credit card must be used from that point on.
L. Please
click here for our disclaimers and Legal notices.
REFUND POLICY
Due to the nature of our services and the amount of time, labor and employee salaries to complete the set up of this system, there is not a refund policy.
CANCELLATION POLICY
To cancel an account, we require that the cardholder call
and speak to one of our representatives directly.
We can be reached directly at 888-857-2621, from 9-3pm eastern. Phone
messages and email messages are not acceptable forms of cancellation. If you reach a
voice mail, your phone message
will be returned before the end of the business day.
Please have ready:
Your Name and Email address on the account
Username and Password
As stated above, monthly charges can be stopped with a 30 day notice.
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