Terms of Service
1. What is Your Guarantee? | PLEASE READ CAREFULLY
That you or your organization will be provided the best services, products and memberships possible. Special services, orders or custom projects (products/services not found on our "services" page)carry no guarantee either specified or implied. Projects conducted under a scope of services contract with Relativity are bound by the terms of that particular scope of services contract.
We DO NOT Guarantee:
- The behavior of the major search engine indexes or any other index
- Your website’s design hosting or technical aspects and how these factors may affect the performance of our products services and memberships when applied to your site.
- That the services, products or memberships and any derivative thereof will exist or be maintained after a client no longer uses our services.
- The accuracy, sharing or allocation of Google Page Rank or any derivative thereof governed or the Google search engine and its parent company.
- The performance or technical aspects of your website or the website being linked from or advertised on.
- The results of search engine queries, custom searches or special features and commands of any of the major search engines and how they will effect the performance of our products services and memberships when applied to your site.
- Your performance or ability to complete task pertaining to training, syndication assignments or other product/service related tasks assigned as a part of any membership or program purchased from Relativity, Inc.
- Buyer's remorse
- Your behavior specifically behavior that would constitute your removal from any product/service membership purchased from Relativity, Inc.
- Your technical abilities or abilities to perform tasks/assignment as a part of product/service related tasks assigned as a part of any membership or program purchased from Relativity, Inc.
2. NONDISCLOSURE | PLEASE READ CAREFULLY
Use of Relativity’s services, products, services or memberships binds you to this Non-Disclosure Agreement (NDA). That means that you cannot talk about Relativity's business communications in print or digital format, services, products, membership sites or how they work with anyone even those affiliated with Relativity. You may not disclose any of the information that you learn from services rendered, products purchased, or within the membership sites.
By providing payment for services in the form of cash, check or valid credit card /debit card you agree to be bound by all terms of service and nondisclosure agreements as delineated in this document and ; This Agreement shall continue in full force and effect for the endurance of service, product or membership provision and for a full two years beyond termination of services, products or membership provision.
Because of the nature of the services and products sold by Relativity and on http://www.relativitycorp.com it is important to maintain confidentiality about Relativity as a whole and how the services, products, and memberships work. For that reason we require that our customers be bound by this Non-Disclosure Agreement (NDA).Use of Relativity 's business communications in print or digital format, services, products or memberships binds you under this Confidentiality and Non-Disclosure Agreement and is between Relativity (referred to as the "Company") and yourself (referred to as the "Customer").
Whereas, the Company has developed certain business communications in print or digital format, services, products, programs, software applications, other goods and services of a novel nature, and has confidential financial information, all of which are referred to collectively as "proprietary information" and / or "trade secrets", and
Whereas, the customer desires to purchase services products and memberships that do contain training resources that disclose these trade secrets for their own use in a business:
NOW, therefore, in reliance upon and in consideration of the following undertakings, and parties here to agree as follows:
Disclosure
At times convenient to the Company, the Company shall disclose trade secrets to the Customer. The Company shall explain the trade secrets to the Customer in its training and shall answer to the best of its ability those questions asked by the Customer and its representatives which may advance their understanding of the trade secrets. The Company may submit to the Customer certain training materials in writing and will furnish such information and assistance reasonably necessary to enable the Customer to understand and evaluate the trade secrets for their benefit in building their own business. The contents of such disclosure, explanation and writings are trade secrets belonging to the Company and are proprietary information of the Company. Such disclosure and explanation are given to the Customer solely for the purpose of evaluating the trade secrets for the Customer's private use.
Coverage
The Agreement covers all trade secrets and proprietary information of the Company disclosed to the Customer, after the date hereof, including but not limited to, any information, including a formula, pattern, compilation, program, device, method, technique or process that derives independent value from not being generally known to the public and is the subject of efforts that are unreasonable under the circumstances to maintain its secrecy.
Duties of the Customer, The Customer shall:
- receive and hold in confidence all information received pursuant to this Agreement, and take all reasonable measures to prevent disclosures to others, treating the trade secrets of the Company as if they were trade secrets of the Customer;
- return promptly all writings submitted by the Company to the Customer or its representatives, and not retain copies of any such writings if requested by the Company;
- instruct its representatives (including its subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which it has control) to hold in confidence all information received from the Company unless permission is received in writing from the Company to do otherwise;
- not use the trade secrets and other proprietary information given to the Customer and/or its representatives (as defined in paragraph c above) in any manner other than for the development of the Customer's personal business.
Trade Secrets and Proprietary Information shall NOT include:
- information, which at the time of disclosure, had been previously published;
- information which is published after disclosure unless such publication is a breach of this Agreement;
- information which, prior to disclosure to the Customer, was already in its possession as evidenced by written records kept in the ordinary course of business by the Customer;
- information which subsequent to disclosure, is obtained by the Customer from a third person who is lawfully in possession of such information, and not in violation of any contractual, legal or fiduciary obligation to the Company with respect to the Company;
- information which is disclosed pursuant to the lawful requirement or request of a governmental agency or court of law, provided that the Customer has given prior written notice to the Company and has reasonably assisted the Company to obtain a protective order limiting disclosure and use of any information so disclosed; and
- information which is explicitly approved for release by written authorization of the Company
Representations
The Company represents and covenants that the trade secret information, and the writing relating thereto are secret; they have not been revealed to anyone except employees of the Company and others who are bound by written non-disclosure agreements.
Binding
This Agreement shall be binding upon the parties and their respective successors, assigns, agents and representatives.
Final Agreement
There are no understandings, agreements, or representations, express or implied, not specified herein. This Agreement may not be amended, except in writing.
Notices
All notices and demands of any kind or nature which either Party to this Agreement may be required or may desire to serve upon the other in connection with this Agreement shall be in writing and be served personally or by prepaid registered or certified United States mail or by private mail service (e.g. Federal Express), in either case to the address set forth during registration of membership. Service of such notice or demand shall be deemed complete on the day of actual delivery as shown by the addressee's registry or by the carrier or other certification receipt or at the expiration of three days after the date of the mailing. whichever is earlier in time. Any party hereto may from time to time, by notice in writing served upon the other parties as aforesaid, designate a different mailing address or a different person to which following such service all further notices or demands are thereafter to be addressed.
Time of Agreement
This Agreement shall continue in full force and effect for the endurance of service, product or membership provision and for a full two years beyond termination of services, products or membership provision.
Remedies available for Breach
In the event that the Customer shall breach this non-disclosure agreement, or in the event that such breach appears to be an eminent possibility, the Company shall be entitled to all legal and equitable remedies afforded it by law as a result of the breach (including but not limited to injunctive relief), and in addition to any and all other forms of relief, recover from the Customer all reasonable costs and attorney's fees encountered by it in seeking any such remedy.
Governing Law
This Agreement shall be governed for all purposes by the laws of the state of Colorado.
Severability
If any provision of this agreement is declared void, or otherwise unenforceable, that provision will be deemed to have been severed from this Agreement, which shall otherwise remain in full force and effect.
Authorization to Sign
The persons accepting this contract represent they are authorized to execute this Agreement for and on behalf of the Party for whom they are signing and to bind said Party to this Agreement.
Terms of Use and Other Information
Representations Relativity is also referred to as "vender." Vender has made no representations or guarantees other than those expressed herein and specifically disclaims any other representations or warranties. I acknowledge that individual performance depends upon the individual skills, time availability, and dedication of each user of the services, products, and memberships, which unique experiences and testimonials are not intended to be representative of all customers or clients and that examples of earnings are examples only and are not intended to reflect what is typical. In addition, I acknowledge that Vender is not involved in rendering any investment or financial advice or counsel, is not offering a business opportunity or franchise and is not ascertaining the suitability of any particular program for me. This agreement represents the entire understanding between us and supersedes all prior statements, agreements, and understandings.
Responsibilities
Vender shall not be responsible for acts of God or force majeure which interfere with services, web hosting and conference calls.
Fees
Any monthly services are automatically charged/debited the day after 30 days have occurred since the user has signed up to receive services, products or memberships, or after trial periods, if applicable. Charges may be billed by a third party billing company or vender. The first charge will be for the next thirty (30) days and will be billed on the same day each month until cancelled. There will be no partial or prorated refunds. Monthly charges will automatically renew each month. All prices and monthly fees are guaranteed for thee (3) months from date of engagement. Monthly fees are subject to change after twelve (12) months or cancellation by Customer. To cancel any monthly service or membership, the customer must simply email dcskul@relativitycorp.com and cancel services or memberships. No refunds will be made if the customer does not cancel their service or membership before the billing date when they are charged. Money Back guarantees are at the discretion of Relativity. We honor our commitments and expect the same from our customer. All refunds requested after the customer has access to the services, products or any membership program for a period of 10 days or more will not be honored or reimbursed. By completing this business transaction and agreeing to the terms of service contained in this document you agree that no refund or charge back by any credit card company or billing service will be valid or collectible. You also agree that all costs of interest, collection fees, legal proceeedings and lawyers fees are payable by you in the case collection actions are necessary.
Arbitration Policy
All matters pertaining to services, products or memberships purchased from Relativity and this agreement shall be governed by, construed, and enforced under the laws of the State of Colorado where the business transaction and payment has been accepted by Relativity. The parties herein waive trail by court or jury. Any controversy or claim arising out of or relating to this agreement, the breach thereof, the materials shall be settled by mandatory arbitrations by a panel of three (3) arbitrators pursuant to this Arbitration Policy and the Small Claims Rules of Colorado in effect at the time a claim is initiated. No public disclosure of any kind will be made by either party regarding the services, products or memberships in controversy or claim until a decision has been made through arbitration. One arbitrator shall be chosen by each of the parties to this agreement and the two arbitrators so chosen shall then agree on the third arbitrator to service on the panel. Should either party fail to choose an arbitrator within the time set out herein, the sole arbitrator chosen by the other party shall enter a final decision in favor of the other party. Each arbitrator shall be a lawyer with more than ten (10) years of experience or a retired judge. The party initiating a claim (the "Claimant") shall select one arbitrator and notify the other party (the "Respondent") in writing by Certified Mail/Return Receipt Requested of the claim, giving the Respondent twenty (20) days to select an arbitrator. The two arbitrators shall then have twenty (20) days to select a third arbitrator. The decision of the arbitrators shall be by majority vote and shall be final and binding upon all parties. The parties agree that the prevailing party shall not be entitled to receive attorney's fees, whether or not taxable by a court or the arbitrator(s) as costs. In no event shall any action be entertained by the arbitration panel or by any court of competent jurisdiction if the action is filed more than three (3) months subsequent to the Date of purchase and any and all damages, if applicable, shall be limited to the purchase price of the product less administrative costs (30%). Declaratory relief ordering such arbitration, as well as any judgment upon the award tendered by the arbitrator(s) if applicable, shall be entered by the court having jurisdiction thereof. For that purpose the parties consent to the exclusive jurisdiction and venue of an appropriate court and site for arbitration located in Pueblo, Pueblo County, Colorado.
3. AFFILIATE - LINK SELLER | TERMS OF SERVICE | PLEASE READ CAREFULLY
MARKETING MATERIALS
Relativity will make available to you graphic and/or textual links, which will establish a direct hyperlink connection from your website to the Relativity’s website. The links will incorporate a referral number, assigned by Relativity, that will uniquely identify you with respect to individuals referred to Relativity in connection with this program.Relativity will not be responsible for link failures due to any modifications to the links made by you. You agree that your website will not in any way copy or resemble the look and feel of the Relativity website, nor will you create the impression that your website is the Relativity website.
Relativity must have on file a valid W-9 form for each author as well as a corresponding mailing address. This is your responsibility and you will not be asked to provide the form. If you intend to be paid then you should download the form at www.irs.gov.
Emailed W-9 forms ARE acceptable mailing the form to: Relativity . 4 Heaton Place . Pueblo . CO . 81001 is also acceptable. No faxes accepted.
SITE RESPONSIBILITY
You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on it. Such responsibilities include, but are not limited to:
ensuring that your website operates properly with respect to the use of the links;
ensuring the accuracy and appropriateness of materials posted on your website;
ensuring that materials posted on your website do not violate any law, rule or regulation, or infringe upon the rights of any third party (including, for example, copyright, trademarks, privacy or other personal or proprietary rights); and ensuring that materials posted on your website are not libelous or otherwise illegal, do not include any sexually explicit material, and do not promote any illegal or morally offensive activity.
You agree that you will not send unsolicited mail or email to others in order to promote the products or services of Relativity.
LICENSES
Relativity hereby grants you a non-exclusive, non-transferable, revocable and limited license to reproduce and display the Relativity trademarks and logos provided to you by Relativity in connection with the display of the Links.
CONSIDERATION
For each individual referred to Relativity that makes a purchase , you shall be entitled to receive from Relativity a referral fee in the sum of $50.00, subject to the following:
The referred individual must buy a service or product and not return the item to Relativity; and
The referred individual must meet all payment obligations to Relativity.
For each individual link or at space purchased by Relativity from your website, shall be entitled to receive from Relativity a fee based upon prior a written and mutually accepted sales and costing agreement.
Within sixty (60) days after the end of each calendar month, Relativity will forward to you any payment due for referred individuals meeting the conditions listed above, via check along with a statement detailing the basis for such payment.
Relativity will not be held responsible for failure to make referral payments due to technical problems, acts of third parties, or events outside the control of Relativity.
Relativity reserves the right to change the amount of the referral fee without notice.
TERM; TERMINATION
Relativity may terminate this program at any time, with or without cause, by giving the other Party notice of termination. Notice may be provided by email.
INDEMNIFICATION
You acknowledge that by participating in the Relativity referral program, Relativity does not assume and should not be exposed to the business and operational risks associated with your business, or any aspects of the operation or content of your website(s). Accordingly, you shall defend, indemnify, and hold harmless Relativity from and against any suit, proceeding, assertion, damage, cost, liability, and expenses (including court costs and reasonable attorneys' fees) incurred as a result of claims of customers or other third parties claim against Relativity and its suppliers, officers, directors, employees and agents arising from or connected with your website, including without limitation any activities or aspects thereof or commerce conducted thereon.LIMITATION OF LIABILITY; DISCLAIMERS
Except with respect to liabilities arising under the previous paragraph, in no event shall either party be liable to the other party for indirect, incidental, consequential, special, or exemplary damages, including, without limitation, damages for loss of revenue or lost profits, arising from any provision of this agreement, even if such party had been advised of the possibility of such damages.
Except as expressly set forth in this agreement, neither party makes any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. In addition, neither party makes any representation that the operation of its website will be uninterrupted or error free, and such party will not be liable for the consequences of any interruptions or errors.4. PRIVACY POLICY | PLEASE READ CAREFULLY
What information do you collect automatically?
For each visitor to our web page, our web server automatically recognizes the consumer's domain name but not the e-mail address. It also logs aggregate information on what pages consumers access or visit, but does not record. which pages individual consumers access or visit.
What other information do you collect?
You can voluntarily chose to become a registered member. In doing so, we collect the name, e-mail address, city, state, zip code, date of birth, and certain voluntary personal information. We also collect the email addresses of those who communicate with us via e-mail, and profile information volunteered by the consumer.
What do you do with this information?
The information we collect is used for internal review and to improve the content of our web page. The information we collect is not shared with other persons, companies, or organizations except when required by a law enforcement agency in the process of a criminal investigation.
Do you use cookies?
We DO NOT use cookies at this time.
What do you do with my personal information?
All of the information collected remains confidential and is not shared with anyone other than the web site administrators. All of our web site administrators are instructed to maintain this confidentiality and are terminated if they are found in violation of this privacy policy. We do not sell your personal information, but we do use it for marketing purposes. We send newsletters and other important system messages via email, but you have the option of not receiving these messages. You also have the option of which information is shared publicly in your profile. This information is used for internal marketing purposes and to provide services to our members.
Do you partner with ad services which may collect information about me?
While we may partner with some ad services from time to time, they will only have access to information you consent to provide them.
What will happen if this privacy policy changes?
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this privacy notice. If our information practices change at some time in the future we will post the policy changes to our web site and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our web site periodically. For these new purposes, we will use only data collected from the time of the policy change forward.
Can I find out what information you have about me?
Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, including unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, contact information (e.g., name, address, phone number) that we maintain about them, and a complete description of all of the information that we maintain about them.
Consumers can access this information by sending us a message. We will attempt to verify the identity of the person requesting your information before we provide said information. Consumers can have this information corrected by sending us e-mail at the above address.