3. Ownership. All content included on this Site, including the CRM software and any necessary software used in connection with any service offered through the Site, contains proprietary and confidential information; shall continue to be the property of GPS or its content suppliers; and is protected under applicable copyright, patent, and trademark laws and other proprietary rights. Under no circumstances will you acquire any ownership rights or other interests in any content by or through your use of this Site.
You are strictly prohibited from modifying, copying, distributing, displaying, sending, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling, or otherwise using or infringing on any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to the Site, to GPS’ platform available through MyMoneyMaxAccount.com, or to any of GPS’ social media pages, including, but not limited to, videos, training materials, documents, social media ads and other social media content and copy, pictures, email templates (also referred to as “automated drip emails”), and client reviews and testimonials.
Notwithstanding the foregoing, GPS acknowledges that, when you enter your clients into the PowerFuel system, the clients remain your personal clients and do not become clients of GPS.
4. Compliance with Laws. You agree to abide by all federal, state, and local laws in connection with your use of the Site. If you are located outside the United States, you must comply with all local laws applicable to your online conduct, as well as the export of data to the United States or to your country of residence. You further acknowledge that the information provided by you as a User of this Site is true and accurate to the best of your knowledge.
5. Subscription and Service Fees; Payment Policies.
(a) Basic Subscription. The subscription fee for using the Site is $40.00 per month, payable as stated below. This fee is subject to change by GPS at any time. The fee shall be paid on the 15th of each month via an auto-charge (through Stripe, an online payment provider), which shall cover the services for the following month. By way of example, if you are auto-charged on January 15, that fee will cover the services from February 1 through February 28. The monthly auto-charges shall continue until you cancel your subscription. If you subscribe to the Site mid-month, you will be auto-charged a prorated amount from the start date of the subscription through the end of the month, plus the following full month. By way of example, if you become a subscriber on January 8, your fee as charged on January 15 will consist of the prorated fee from January 8 through January 31, as well as the full fee for the period between February 1 and February 28.
If you choose to cancel your subscription to the Site, you must do so prior to the auto-charge date of the 15th of the month, and such cancellation will become effective for the following month, with no prorations. You will continue to have access to the Site until the end of the month in which you cancel. By way of example, if you cancel before January 15, you will have access to the Site until January 31, but you will not have access to the Site after that date, and you will not be charged for February.
(b) Optional Marketing Platform. Users may pay a separate fee for a marketing platform offered through the Site that provides social media advertising services. The minimum fee for this service is $500.00 per month, and the maximum monthly fee is $5,000.00, assessed in $250.00 increments. This fee is also auto-charged on the 15th of every month consistent with the payment process applicable to the Basic Subscription. The fee is applicable to the following month’s services only, with no prorations upon starting or cancelling the service. By way of example, if you opt-in to the marketing platform on January 8, at the cost of $500.00 per month, that $500.00 payment will cover the services from February 1 through February 28. If you cancel the service mid-month, there will be no prorations or refunds.
(c) Declined Payments. In the event that your auto-charge payment is declined, you will have five (5) days from being notified by GPS of same to update your account information with a valid form of payment. If said updated form of payment is not provided within five (5) days, GPS reserves the right to terminate your access to the Site at the end of that month, and, if you are subscribed to the optional marketing platform, those services will be terminated as of the end of that same month.
(d) Credit Card Charges. Absent a clerical error, you agree that you will not contest the credit card charges applied to your account, either for the Basic Subscription or the Optional Marketing Platform. For the latter, you acknowledge that a portion of your fees are attributable to one or more marketing companies whose fee structures may change, resulting in changes to the fees charged by GPS for your marketing services.
6. Account Security. Upon registration with the Site, you will select a username and password. You are solely responsible for your use of the Site and for safeguarding your login credential information. You agree to keep your password confidential so that no one else may access the Site through your account. You must notify GPS immediately upon discovering any unauthorized use of your account or if you believe your security credentials have been compromised.
7. Indemnification. You agree to indemnify, defend, and hold GPS, and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any liability, loss, damage, claim, judgment, award, cost, or expense, including reasonable attorneys' fees (the “Losses”), related to or arising from your use of the Site or any breach of this Agreement by you. You agree that the Indemnified Parties will bear no liability in connection with any such Loss. You also agree to indemnify and hold the Indemnified Parties harmless from any Losses brought by or on behalf of third parties arising out of your use of any content, information, or services accessed from the Site.
8. Disclaimer. YOUR USE OF THE SITE IS AT YOUR OWN RISK. The Site and the services provided through it are provided on an AS IS and AS AVAILABLE basis. GPS disclaims, to the fullest extent permissible by law, all warranties of any kind, whether expressed, implied, or statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, in connection with the Site and your use thereof. Further, GPS makes no warranties or representations about the accuracy or completeness of the Site’s content and assumes no liability or responsibility for (i) errors, mistakes, inaccuracies, or omissions in any content, including third-party content, (ii) any unauthorized access to or use of the Site, (iii) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, Trojan Horses, or similar matter which may be transmitted to or through the Site by any third party, and/or (v) the use of any content transmitted or otherwise made available through the Site. You assume the entire risk of loss or damage, of any kind, due to your use of the Site, including, but not limited to, the cost of repairs to your hardware or software.
9. Third-Party Websites and Applications. The Site may contain links to websites or applications provided or operated by other parties. When you visit any such websites or applications, you do so at your own risk. GPS has no duty to monitor such websites and applications and is not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site.
10. Limitation of Liability. GPS, AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF BUSINESS OR PROFITS, LOSS OR CORRUPTION OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR ANY CONTENT ACCESSED THROUGH THE SITE.
12. Applicable Law. You agree that the laws of the State of Delaware shall govern the interpretation and enforcement of this Agreement, without regard to conflicts of laws principles, and you consent to the jurisdiction of the state and federal courts of Delaware to resolve any dispute that may arise between you and GPS or its affiliates under this Agreement.
13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Waiver. The failure of GPS to exercise or enforce any right or provision under this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by GPS must be in writing and signed by an authorized representative of GPS.
15. Termination. GPS may terminate this Agreement and your right to use the Site at any time, for any reason, with or without notice to you. You may terminate this Agreement and cancel your account at any time by clicking on the Site’s “Subscription” tab and following the prompts. Upon GPS’ receipt of your notice of termination, the ending date for your monthly auto charge shall be determined as set forth in Section 5 above. In the event of a termination of this Agreement, you agree to either surrender or destroy, as appropriate, any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to the Site, to GPS’ website located at MyMoneyMaxAccount.com, or to any of GPS’ social media pages, as the same are further defined in Section 3 above.
16. Independent Marketing. If you subscribe to GPS’ optional marketing platform, you agree to engage GPS as your exclusive marketing provider. You are not permitted to engage in any other paid advertising, whether through print, audio, web-based (i.e., Google), social media (i.e., Facebook, TikTok, Instagram, LinkedIn, YouTube, or SnapChat) or other media sources while this Agreement is in effect. If GPS discovers that you are in violation of this Section 16, GPS will immediately terminate this Agreement and suspend your access to the Site.
17. No Agency. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.