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Master Subscription Agreement Terms and Conditions

About these Terms and Conditions

These terms and conditions (the "Agreement") set out the basis on which Myallocator.com ("we" "us" "our") will provide to you the online services described in full on our website, including any offline components referred to therein ("the Services"). Please read the Agreement carefully before ordering any Services from our website. You should understand that by registering for and/or ordering any of our Services you agree to be bound by this Agreement.
You should print a copy of this Agreement for future reference.
PLEASE CLICK ON THE BUTTON MARKED "I ACCEPT" AT THE END OF THIS AGREEMENT IF YOU ACCEPT IT. PLEASE UNDERSTAND THAT IF YOU REFUSE TO ACCEPT THE AGREEMENT YOU WILL NOT BE ABLE TO ORDER ANY OF THE SERVICES FROM OUR WEBSITE.

Company Information

Myallocator.com is a website operated by Digital Arbitrage Inc.

Agreement and Provision of The Service

You cannot use our Service unless you have a contract with an Agent or Agents. If you so request we can facilitate contact between you and an Agent or Agents but whether you enter into a contract with any Agent is a matter between you and the Agent concerned.
The contractual relationship between you and your Agents is a matter solely for you and we have no involvement with that relationship other than to facilitate the transfer of your data and information to your Agent or Agents pursuant to your order.
As referred to in Section 1 above your use of the Service and/or your registration shall be deemed to be your agreement to these terms & conditions.
The service is provided on a no contract basis and both parties are free to terminate service or usage without notification.

Your Responsibilities

You are responsible for all activity occurring under your Licensed User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall; (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of Myallocator.com Technology that is known or suspected by you or your Licensed Users; and (iii) not impersonate another Myallocator.com Individual User or provide false identity information to gain access to or use the Service.

Intellectual Property Ownership

Myallocator.com alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Myallocator.com Technology, the and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Myallocator.com Technology or the Intellectual Property Rights owned by Myallocator.com. The Myallocator.com name, the Myallocator.com logo, and the product names associated with the Service are trademarks of Myallocator.com or third parties, and

Charges and Payment of Fees

You shall pay all fees or charges to your account in accordance with our fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

Billing, Renewal and Variations

Myallocator.com charges and collects in advance for use of the Service.
You agree to provide us with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Service with immediate effect in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Non-Payment and Suspension

In addition to any other rights granted to Myallocator.com herein, Myallocator.com reserves the right to suspend or terminate this Agreement and your access to the Service if your account has no credit.

Our Liability

Our liability in connection with the provision of the Service by us to you through the Myallocator.com website is strictly limited to the amount of fees or charges paid to us by you for the Service. This does not include or limit in any way, our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation committed by us or any matter in relation to which it would be illegal for us to exclude or attempt to exclude liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Internet Delays, Service Delays and System Errors

Myallocator.com SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Myallocator.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Further, Myallocator.com cannot guarantee or be made responsible for any unforeseen errors and/or delays in the provision of rate and availability updates and/or in relation to any other aspect of the Service which are due to circumstances beyond our control such as but not limited to (1) software malfunction (2) errors, malfunction or the non response or rejection by an agents web service (3) the Licensed User entering the wrong information or (4) the Licensed User or the agent changing a username/password used to access the Service without notifying us.

Modification to Terms

Myallocator.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Written Communications

When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Events outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control ( a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.

Entire Agreement

The terms of this Agreement and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into the Agreement neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to the Agreement except as expressly stated in the terms of this Agreement.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Agreement (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in the terms of this Agreement.

Definitions

"Agents" means the various agent websites and web portals you work with and provide your rates and availabiilty to.
"Myallocator.com Technology" means any idea, method, invention, discovery, design, business process or method, communication, analysis, drawing, composition, database, writing, computer software, computer data or any other similar item (in any media) used in
"Intellectual Property Rights" means all patents, topography rights, design rights, trademarks, copyrights, rights in databases and computer data, generic rights and all other intellectual property rights of a similar nature in any part of the world and all applications and rights to apply for the protection of any of the foregoing.
"License Term" means when taken together the Initial Term and any renewal term.
"License Administrator" means an individual appointed by you to administer the use of the Service by your Licensed Users.
"Licensed User" means an individual appointed by you and licensed by us to use the Service.
"Personal Set Up" means the area of the Myallocatorr.com website where you can set your individual preferences in relation to your use of the Service.
"User License" means a license granted to a Licensed User.