PersonalPDFpro Terms & Conditions
The PersonalPDFpro.com website hereinafter referred to as the "Site" and its Members/Affiliates provide their services to you subject to the following conditions. If you visit or use the products or services of the Site, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future service from or visit or purchase from any member/affiliate associated with the Site, whether or not included in any of the Site web contents, you also will be subject to the guidelines and conditions applicable to such service or business.
Electronic Communications
When you visit the Site or send e-mails to the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on any of the Site that are owned and operated by the Site, such as text, graphics, logos, button icons, images, etc. are the property of the Site or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the Site and is protected by U.S. and international copyright laws. All software used on the Site is the property of the Site or its software suppliers and protected by United States and international copyright laws.
Trademarks
All trademarks not owned by the Site that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Site.
Product Descriptions
The Site and its customers/members/affiliates attempt to be as accurate as possible. However, the Site does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free.
Product & Service Fees
Except where noted otherwise, the product and licensing fees displayed for accessing software or services on the Site represent the Site's product and licensing fees. The initial product and licensing fee for purchasing software and services of the Site is a total of $197.00, each additional month you wish your software and services able to remain active in accordance with the Site you will incur a monthly fee of $15.95. You understand that upon purchase of software and licensing that all fees paid are non-refundable and that a portion of your initial product purchase and licensing fee may be paid directly to an affiliate of the Site and the Site itself does not handle affiliate payments directly.
Refund Policy
When becoming a member of the Site you understand that any completed purchases or payments are non-refundable as you are granted immediate access to the Site including but not limited to the Site's software, services, training area and other proprietary items made available in your backoffice provided to you by the Site. You further understand that you may cancel the monthly fee for your software and services to remain active at anytime with the Site and avoid any further monthly fees from being charged. Furthermore you agree that cancelation of the monthly fee for your software and services to remain active to the Site does not entitle you to any type of refund on previous monthly payments you have made to access the Site as all payments and purchases are non-refundable. Administration monthly payment subscriptions may be canceled at any time but do require a 30 day notice. Administration monthly payments canceled with less than 30 days left of the billing cycle will then be canceled on the next billing cycle.
Other Businesses
Some Affiliates of the Site also operate other programs, provide services, or sell product lines on their own website. In addition, they may provide links to the other website of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website. The Site does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and terms and conditions.
Disclaimer of Warranties and Limitation of Liability
The Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. The Site makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site or the information, content, materials, services or products included on the Site. You expressly agree that your use of the site is at your sole risk.
To the full extent permissible by applicable law, the Site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability. The Site does not warrant that the Site, its servers, or e-mails sent from the Site are free of viruses or other harmful components. The Site will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Applicable Law
By visiting the Site , you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Site or its customers/members/affiliates.
Disputes
Any dispute relating in any way to your visit with the Site or the services or products you purchase through the Site shall be submitted to confidential arbitration in St Paul, Minnesota, except that, to the extent you have in any manner violated or threatened to violate the Site's intellectual property rights, the Site may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies, such as privacy and policy, posted on this site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Member/Affiliate Addendum
When you become a member or an affiliate of the Site, you will be immediately granted Login Access to your personal backoffice provided by the Site which allows you to receive your software, services and/or commission payouts. The Site also retains the right to reject any application if, in our sole discretion, we determine for any reason that a member/affiliate is unsuitable for the Site's affiliate program. The Site also retains the right to terminate any member/affiliate for any reason, at any time. The terms and conditions for members/affiliates and our affiliate acceptance criteria are subject to change at any time without prior notice.
Links on Your Site
Upon becoming an member/affiliate of the Site, we will make available to you approved links that are subject to these terms and conditions. These approved links will serve to identify your site as a member/affiliate of the Site for tracking purposes. Member/Affiliate understands that they may only display graphic links that are on display in the banner section of their backoffice along with appropriate text links.
Once approved links have been placed by our members/affiliates, they will be tracked for the purposes of determining direct commission payouts to the members/affiliates that have been generated through the affiliate’s links provided by the Site.
Prohibitions
As a condition of becoming an member/affiliate of the Site, you agree to not engage in the following practices:
Use the name PersonalPDFpro.com or any of its associated sites name, or any variation thereof, in any manner not expressly authorized by the Site. In particular, member/affiliate may NOT use the Site’s names, or any variation thereof, in meta tags, hidden text or source code, in domain names or any other part of an affiliate’s URL.
Attempt to modify or alter our site in any way. Make any representations, either express or implied, or create an appearance that a visitor to a member's/affiliate's website is visiting our site, e.g., "framing" or "wrapping" the Site in any manner without first obtaining in advance our express written permission.
Violation of any of these terms or conditions may result in, among other things, the immediate termination of member/affiliate and the commencement of an action by the Site against the member/affiliate seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. In addition, Members/Affiliates shall protect, defend, indemnify and hold harmless the Site from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by the Site arising out of any content or activity by a member/affiliate resulting from or in connection with your violation of any of these terms or conditions or any law, rule or regulation, including without limitation, claims for unsolicited email (spamming) or under the CAN-SPAM Act of 2003 or other violations of third party intellectual property rights, rights of privacy or publicity rights.
The Site has the right absolute discretion to monitor any member/affiliate at any time and from time to time to determine if a member/affiliate is in compliance with these terms and conditions.
Order Processing
The Site will track all software and service purchases that are placed by customers through the member/affiliate links from in accordance with applicable legal requirements. The Site reserves the right to reject any software and services purchase that does not comply with any reasonable requirements that the Site may establish for the Site. The Site will be responsible for all aspects of tracking software and service purchases and granting access to the Sites products and services.
Commission Payouts
Member/Affiliate commission payouts are made immediately to members/affiliate upon all product and service purchases that are completed and have been generated through the member's/affiliate's links.
Members/Affiliates will accept the payouts directly through the payment processor or processors they have selected to use with the Site.
Policies and Pricing
The Site may at times change policies and operating procedures at any time consistent with applicable laws. The Site will determine the prices to be charged for products or services sold through the Site in accordance with our own pricing policies. Product or service prices and availability may vary from time to time.
Limited License, Restrictions and Rights
The Site grants member/affiliate a limited, nonexclusive, nontransferable, revocable right to access the Site through affiliate links solely in accordance with these terms and conditions and solely in connection with such links, to use our logos, trade names, trademarks, graphic images and similar identifying material described above.
Member/Affiliate may not modify the Site’s logos, trade names, trademarks, graphic images and similar identifying material in any way. Member/Affiliate acknowledges that these terms and conditions do not provide you with any intellectual property rights other than the limited rights contained herein. False use or abuse of the rights will result in termination of member/affiliate and forfeiture of any future commissions earned.
Responsibility for Affiliate Links
Member/Affiliate will indemnify and hold the Site harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of affiliate links.
Member/Affiliate Acknowledgment
Member/Affiliate acknowledges these terms and conditions prior to becoming a member/affiliate of the Site and understands that the status of being a member/affiliate will end when terminated by either party. Either member/affiliate or the Site may terminate this Agreement at any time, with or without cause, by giving the other party 5 days prior written notice of termination. Upon termination, all of the Site’s related content and affiliate links shall be removed promptly from being used. Members/Affiliates are only eligible to earn payouts on product and service purchases occurring during the term they are an active member/affiliate of the Site, and commissions earned through the date of termination will remain payable to the member/affiliate only if the product or service purchases are not canceled or charged back.
Modification
The Site may modify any of the terms and conditions contained herein, at any time and in our sole discretion, by posting a change notice or a new agreement on our website. The Site will also make reasonable efforts to notify you of such changes prior to or upon implementation. Modifications may include changes in payout amounts, payout tiers, payment procedures, etc. If any modification is unacceptable to a member/affiliate, the member's/affiliate’s only recourse is to terminate their affiliate position with the Site. A Member's/Affiliate's continued participation in the Site affiliate program following our posting of a change notice or new agreement on our website and/or sending you the change notice will constitute a binding acceptance by the member/affiliate of the change.
Relationship of Parties
Members/Affiliates and the Site are independent contractors, and nothing in these terms and conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Members/Affiliates have no authority to make or accept any offers or representations on behalf of the Site. Members/Affiliates will not make any statements that reasonably state otherwise.
Indemnification
Member/Affiliate acknowledges that by entering into and performing its obligations under these terms and conditions. The Site does not assume and should not be exposed to the business and operational risks associated with a member's/affiliate’s business, or any aspects of the operation or content of a member's/affiliate’s website(s). Accordingly, in addition to any other indemnification obligations contained in this Agreement, member/affiliate shall protect, defend, hold harmless and indemnify the Site from and against any and all claims, actions, liabilities, losses, costs and expenses, even if such claims are groundless, fraudulent or false (including court costs and reasonable attorneys' fees) incurred as a result of claims of customers or other third parties against the Site owned and our Members/Affiliates, licensors, suppliers, officers, directors, employees and agents arising from or connected with any of the content or activities of an Members/Affiliates website (including without limitation any activities or aspects thereof or commerce conducted thereon) or related business, or an Members/Affiliates misuse, unauthorized modification or unauthorized use of the services or materials provided by the Site hereunder.
Limitation of Liability
The Site will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with these terms and conditions or the Site’s affiliate program, even if the Site has been advised of the possibility of such damages. Further, the Site aggregate liability arising with respect to these terms and conditions and the Site’s affiliate program will not exceed the total commissions earned by the member/affiliate under these terms and conditions.
Disclaimers
The Site make no express or implied warranties or representations with respect to the Site’s affiliate program or any products sold through the Site’s affiliate program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, the Site makes no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors; however, the Site will make reasonable efforts to correct errors or interruptions promptly.
Independent Investigation
Member/Affiliate acknowledges that they have read these terms and conditions and agree to all sections listed within the terms and conditions. Member/Affiliate understands that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained within these terms and conditions or operate websites that are similar to or compete with your website. Member/Affiliate has independently evaluated the Site affiliate program and are not relying on any representations, guarantee, or statement other than as set within these terms and conditions.
Publicity
Member/Affiliate shall not create, publish, distribute, make or permit any public announcement of these terms and conditions or the relationship contemplated hereunder, (including, but not limited to, any press release, client list, screen shot, advertisement or any promotional material) without first submitting such material to the Site and receiving the Site's written approval.
Confidentiality
Except as otherwise provided in these terms and conditions or with the Site's prior written consent, member/affiliate agrees that all information including, without limitation, that the terms and conditions stated herein, the Site and the Site’s business and financial information, the Site’s customer lists, and the Site’s pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by a member/affiliate for a member's/affiliate’s own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than the Members/Affiliates. Notwithstanding the foregoing, member/affiliate may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to Members/Affiliates accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, customer/member/affiliate may not: (i) Modify or create any derivative works of any Software, Service or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (ii) Sublicense or permit simultaneous use of the Service by more than one user; (iii) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Software related to the Service (except to the extent applicable laws specifically prohibit such restriction); (iv) Redistribute, encumber, sell, rent, lease, sublicense, use the Service in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (v) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s) or Services; (vi) Publish any results of benchmark tests run on any Software to a third party without the Site's prior written consent.
Service Product Support
The Site is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Service will be corrected.
Ownership and Copyright of Software and Service
Title to the Service remains with the Site and/or or its suppliers. The Service is copyrighted and is protected by United States copyright laws and international treaty provisions. Customer/Member/Affiliate will not remove copyright notices from related Software products. Customer/Member/Affiliate agrees to prevent any unauthorized access to user's Service account. Except as expressly provided herein, the Site does not grant any express or implied right to Licensee under the Site's and/or its suppliers patents, copyrights, trademarks, or trade secret information.
Applicable Law
These terms and conditions will be governed by the laws of the United States and the State Of Minnesota, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts having jurisdiction and venue in or for Washington County, Minnesota and customer/member/affiliate irrevocably consents to the jurisdiction of such courts. You may not assign these terms and conditions, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these terms and conditions will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. The Site’s failure or agreement not to enforce customer's/member's/affiliate's strict performance of any provision of these terms and conditions in a given instance will not constitute a waiver of the Site's right to subsequently enforce such provision or any other provision of these terms and conditions.
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