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IMPORTANT - PLEASE READ
CAREFULLY:
CASHDOCTOR™ END
USER SUBSCRIPTION AGREEMENT IMPORTANT - PLEASE READ CAREFULLY:
This End User Subscription
Agreement ("Agreement") constitutes a valid and binding agreement
between Pro Planning Group, Inc. (together with its affiliates,
successors and assigns "CASHDOCTOR.COM") and you ("you," or
"your") for the use of the CASHDOCTOR.COM, Website and Services,
as those terms are defined below. You must enter into this agreement
in order to SUBSCRIBE to and use such CASHDOCTOR website. BY
SUBSCRIBING TO AND USING THE CASHDOCTOR.COM WEBSITE, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, DO NOT SUBSCRIBE TO THE CASHDOCTOR.COM
WEBSITE.
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1. Subscription Grant. |
Subject to the terms of this Agreement, CASHDOCTOR.COM hereby grants you a limited, non-exclusive,
non-sub licensable, non-assignable license to subscribe to, update and use the CASHDOCTOR.COM website,
including any online or enclosed documentation, data distributed to your computer for processing and
any future website features not requiring additional subscription fees. The CASHDOCTOR.COM website
may only be used in connection with the services associated with your IMMEDIATE practice. As used herein,
the term "PRACTICE" means your current place of business. All other locations directly owned by the
subscriber, or affiliates will be required to subscribe individually.
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2. Subscription Restrictions. |
(a) Notwithstanding anything
to the contrary, you may not: (i) remove any proprietary notices
from the Services, CASHDOCTOR.COM or any copy thereof; (ii)
cause, permit or authorize the modification, creation of derivative
works, translation, reverse engineering, decompiling or disassembling
or hacking of the CASHDOCTOR.COM website, the Services or the
Network; (iii) sell, assign, rent, lease, act as a service bureau,
or grant rights to the CASHDOCTOR.COM website or Services, including,
without limitation, through sublicense, to any other entity without
the prior written consent of Pro Planning Group, Inc.; (iv) export
or re-export the CASHDOCTOR.COM website in violation of United
States Copy write laws; (v) use the CASHDOCTOR.COM website or
Services for any other purpose or the benefit of any third party
or charge any person for the use of the CASHDOCTOR.COM website;
or (vi) use the CASHDOCTOR.COM website or Services to, or in
any way that would violate any applicable law, regulation or ordinance;
(vii) collect any information or communication about the Network
or users of the CASHDOCTOR.COM website or Services by monitoring,
interdicting or intercepting any process of the CASHDOCTOR.COM
website or the Network. Furthermore, you may not use the CASHDOCTOR.COM
website or Services to develop, generate, transmit or store information
that: (A) infringes any third party's intellectual property or other
proprietary right;(B) is defamatory, harmful, abusive, obscene or
hateful; (C) in any way obstructs or otherwise interferes with the
normal performance of another person's and or companies use of the
CASHDOCTOR.COM website or Services, (D) performs any unsolicited
commercial communication not permitted by applicable law; (E) is
harassment or a violation of privacy or threatens other people or
groups of people; and (F) impersonates any other person, or steals
or assumes any person's identity (whether a real identity or online
nickname or alias).
(b) The CASHDOCTOR.COM website and Services contain confidential
and trade secret information owned or licensed by CASHDOCTOR.COM,
and you agree to take reasonable steps at all times to protect and
maintain the confidentiality of such information.
(c) All modifications or enhancements to the CASHDOCTOR.COM
website and Services remain the sole property of The CASHDOCTOR.COM.
You understand that The CASHDOCTOR.COM, in its sole discretion,
may modify or discontinue or suspend your right to access any of
its Services or use any of the CASHDOCTOR.COM website at any
time, and may at any time suspend or terminate any license hereunder
and disable any The CASHDOCTOR.COM website you may already have
accessed or installed without prior notice. The CASHDOCTOR.COM
reserves the right to add additional features or functions to the
CASHDOCTOR.COM website. When subscription is complete and current,
The CASHDOCTOR.COM website periodically communicates with the
CASHDOCTOR.COM website servers.
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3. Proprietary Rights. |
The
CASHDOCTOR.COM website and Services contains proprietary and
confidential information of Pro Planning Group, Inc. and its affiliated
companies including copyrights, trade secrets and trademarks contained
therein, which are protected by international copyright laws. Title
to and ownership of the CASHDOCTOR.COM website, including without
limitation all intellectual property rights therein and thereto,
are and shall remain the exclusive property of Pro Planning Group,
and except for the limited license granted to
you, Pro Planning Group, Inc reserves all right, title and interest
in and to CASHDOCTOR.COM website. You shall not take any action
to jeopardize, limit or interfere with Pro Planning Group, inc’s
ownership of and rights with respect to the CASHDOCTOR.COM website
and Services. You acknowledge that any unauthorized copying or unauthorized
use of CASHDOCTOR.COM website or Services is a violation of
this Agreement and copyright laws and is strictly prohibited.
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4. Term; Termination. |
(a) This Agreement will
be effective as of the date you accept this Agreement, thereby expressly
agreeing to the terms and conditions set forth herein, and will
remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease
all use of the CASHDOCTOR.COM website and Services AND destroy
or remove from all hard drives, networks, and other storage media
all copies of CASHDOCTOR.COM website in your possession. Pro
Planning Group, Inc. may terminate this Agreement at any time, with
or without cause, by providing notice to you and/or preventing your
access to the CASHDOCTOR.COM website and/or Services.
(c) Upon termination of this Agreement for any reason (i) all licenses
and rights to use the CASHDOCTOR.COM website and the Services
shall terminate and you must remove the CASHDOCTOR.COM website
from your computer equipment and dispose of all originals and copies
of the CASHDOCTOR.COM website in your possession, and (ii) Sections
2, 4, 5(b), and 7 through 13 shall survive such termination.
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5. Payment. |
You acknowledge that certain
functions in the CASHDOCTOR.COM website are only available to
paid subscribers. To subscribe to the Subscription Services you
must agree to the terms and conditions of the Subscription Services. Fees are non-refundable. |
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6. Your Representations and Warranties. |
(a) You represent
and warrant that (i) you possess the legal right and ability to
enter into this Agreement and to comply with its terms, (ii) you
will use the CASHDOCTOR.COM website and Services for lawful
purposes only and in accordance with this Agreement and all applicable
laws, regulations and policies, (iii) you will not attempt to decompile,
reverse engineer or hack the CASHDOCTOR.COM website or the Network
or to defeat or overcome any encryption and/or other technical protection
methods implemented by Pro Planning Group, Inc. with respect to
the CASHDOCTOR.COM website and/or data transmitted, processed
or stored CASHDOCTOR.COM website or other users of the CASHDOCTOR.COM
website, (iv) you will not take any steps to interfere with or in
any manner compromise any of CASHDOCTOR.COM website security
measures, any other individual's or entity's computer on the Network
and/or otherwise sharing Services, (v) you will always provide and
maintain true, accurate, current and complete information as requested
by CASHDOCTOR.COM website, and (vi) you will only use the CASHDOCTOR.COM
website and Services on a computer on which such use is authorized
by the computer's owner.
(b) You agree that you will not use any automatic or manual device
or process to interfere or attempt to interfere with the proper
working of the CASHDOCTOR.COM website, Network or Services,
except to remove the CASHDOCTOR.COM website from a computer
of which you are an owner or authorized user in a manner permitted
by this Agreement. You may not violate or attempt to violate the
security of the CASHDOCTOR.COM website, Network or Services.
Pro Planning Group, Inc. reserves the right to investigate occurrences
which may involve such violations, and may involve, and cooperate
with, law enforcement authorities in prosecuting users who have
participated in such violations.
(c) If Pro Planning Group, Inc. has reasonable grounds to suspect
that your representations, warranties or promises are inaccurate
or breached, Pro Planning Group, Inc. may terminate this license,
deny any or all use of the CASHDOCTOR.COM website and/or Services,
and pursue any appropriate legal remedies.
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7. Indemnity. |
You agree to indemnify,
hold harmless and defend Pro Planning Group, Inc. and its affiliates,
parent companies, subsidiaries, officers, directors, employees,
agents and network service providers at your expense, against any
and all third-party claims, actions, proceedings, and suits and
all related liabilities, damages, settlements, penalties, fines,
costs and expenses (including, without limitation, reasonable attorneys'
fees and other dispute resolution expenses) incurred by Pro Planning
Group, Inc. arising out of or relating to your (a) violation or
breach of any term of this Agreement or any policy or guidelines
referenced herein, or (b) use or misuse of the CASHDOCTOR.COM
website and/or Services. |
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8. Disclaimer of Warranties. |
(a) THE CASHDOCTOR.COM
website AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE
NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Pro Planning Group,
Inc. EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE
CASHDOCTOR.COM website OR SERVICES, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY
COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PRO PLANNING
GROUP, INC. FURTHER DOES NOT REPRESENT OR WARRANT THAT THE CASHDOCTOR.COM
website OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE.
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE
OR PERFORMANCE OF THE CASHDOCTOR.COM website AND SERVICES REMAINS
WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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9. Limitation of Liability. |
(a) IN NO EVENT SHALL
PRO PLANNING GROUP, INC., ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS
BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE
(WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT
LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY SERVICE
INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF
THE USE OR INABILITY TO USE THE CASHDOCTOR.COM website OR THE
SERVICES, EVEN IF PRO PLANNING GROUP, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION
WITH THE CASHDOCTOR.COM website AND/OR SERVICES IS TO UNINSTALL
AND CEASE USE OF SUCH CASHDOCTOR.COM website AND SERVICES.
(c) As some jurisdictions do not allow some of the exclusions set
forth in this Section 10, some of these exclusions may not apply
to you.
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10. General Provisions. |
Pro Planning Group,
Inc. reserves all rights not expressly granted herein. Pro Planning
Group, Inc. may modify this Agreement at any time by providing such
revised Agreement to you or posting the revised Agreement on its
website located at www.cashdoctor.com. Your continued use of
the CASHDOCTOR.COM website and/or Services shall constitute
your acceptance of such revised Agreement. You may not assign this
Agreement or any rights hereunder. Nothing in this Agreement shall
constitute a partnership or joint venture between you and Pro Planning
Group, Inc.. Should any term or provision hereof be deemed invalid,
void or unenforceable either in its entirety or in a particular
application, the remainder of this Agreement shall nonetheless remain
in full force and effect. The failure of Pro Planning Group, Inc.
at any time or times to require performance of any provision hereof
shall in no manner affect its right at a later time to enforce the
same unless the same is waived in writing. This Agreement shall
be governed by and construed in accordance with the laws of the
State of Florida without regard to its conflict of law rules. Any
legal proceeding arising out of / or relating to this Agreement
will be subject to the exclusive jurisdiction of any court of the
State of Florida and you irrevocably consent to the jurisdiction
of such courts. The terms set forth in this Agreement and any related
service agreements constitute the final, complete and exclusive
agreement with respect to use of the CASHDOCTOR.COM website
and/or Services and may not be contradicted, explained or supplemented
by evidence of any prior agreement, any contemporaneous oral agreement
or any consistent additional terms. Pro Planning Group, Inc. may
at its sole discretion assign this Agreement to a subsidiary or
sister company, without giving prior notice. |
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YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND
THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
BY CONTINUING TO SUBSCRIBE TO CASHDOCTOR.COM, YOU EXPRESSLY
CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPER
THE RIGHTS SET FORTH HEREIN.
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| 24 January 2004
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