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Jump to: Terms of Use or Privacy Policy
Last Updated: March 2009
This ALLREPCO, LLC Web Site (internet portal) Terms and Conditions of Use Agreement (“Terms of Use”) is between the party or parties using The Site (”you”) and ALLREPCO, LLC (”we” or “us”), with a principal place of business at 12995 S. Cleveland Ave. Ste. 244, Fort Myers, FL 33907. You should carefully read the Terms of Use before using The Site. By using The Site you agree to be bound by the terms and conditions of use set forth in the “Terms of Use”. This is a legally binding agreement. If you do not agree with the “Terms of Use” you should not use The Site and must leave The Site.
1. We agree to provide you appropriate access to The Site in accordance with the Terms of Use.
2. You agree to use The Site in a manner consistent with the Terms of Use and all applicable rules and regulations. You acknowledge that you have read the Terms of Use and that you accept the terms thereof. You agree to read these terms of use carefully before using The Site. If you do not agree to the Terms of Use, you may not access or otherwise use The Site.
3. You accept that The Site is provided on an “as is, as available” basis.
4. The materials included in The Site are for general information purposes only and do not constitute legal advice. They are not intended to be a substitute for obtaining legal advice from legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. ALLREPCO, LLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through The Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. ALLREPCO, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of The Site.
5. ACCESS TO AND USE OF THE SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.
6. WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THE SITE. BY AGREEING TO THESE TERMS YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION.
7. You acknowledge that transmissions to and from The Site are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting communications to ALLREPCO, LLC, no confidential, fiduciary, contractually implied or other relationship is created between you and ALLREPCO, LLC other than pursuant to these Terms of Use and any subsequent written agreement entered into with ALLREPCO, LLC.
8. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS, AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ALLREPCO, LLC AND ITS SUBSIDIARIES AFFILIATES OR MARKETING REPRESENTASTIVES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, ALLREPCO, LLC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLREPCO, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLREPCO, LLC AND ITS SUBSIDIARIES, AFFILIATES AND MARKETING REPRESENTATIVES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL ALLREPCO, LLC BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
9. You hereby agree to indemnify, defend and hold ALLREPCO, LLC, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. ALLREPCO, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ALLREPCO, LLC.
10. Where we provide hypertext links from or to third party sites we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
11. "Direct Marketing": As an independent marketing representative ("IMR") you will be provided a direct web link to The Site ("marketing link"). A "marketing commission" occurs when a prospective client executes a payment for a product, through their marketing link.
12. "Indirect Marketing": As an IMR you will also be provided a direct web link to sign up other IMRs through The Site ("IMR link"). These IMR’s shall be tracked and a marketing commission paid up to a second tier. You will devote your best efforts in Direct and Indirect Marketing in the state of Florida. ALLREPCO, LLC will utilize tracking technology which will enable ALLREPCO, LLC to track your direct and indirect marketing for the sole purpose of calculating your commissions payable to you under this agreement. ALLREPCO, LLC will work with you to ensure that the marketing link and IMR link includes the necessary tracking technology in the format provided to you. You shall not edit or otherwise alter the tracking technology.
13. You are hereby retained as an independent marketing representative and not as an employee, agent or representative. As an independent marketing representative, you shall be solely responsible to pay all applicable taxes arising from payments made to you by ALLREPCO, LLC, including, but not limited to, federal taxes (social security, self-employment, state taxes, unemployment, workers compensation, and disability insurance). Neither you nor your employees shall be entitled to participate in any ALLREPCO, LLC plans, arrangements or distributions pertaining to any pension, stock, bonus, profit sharing or similar benefits.
14. You agree to indemnify and hold ALLREPCO, LLC, its officer, directors, etc. harmless from any and all liability, claims, demands or requirements imposed by federal or state law upon self-employment arising from payments made to you under this Agreement.
15. You agree to bear all expenses incurred in your marketing endeavors.
16. You shall not make any representations, warranties or commitments binding ALLREPCO, LLC without ALLREPCO, LLC’S prior consent. You shall not execute any agreement on behalf of ALLREPCO, LLC nor shall you hold yourself out as having such authority. In addition, you warrant and represent to ALLREPCO, LLC that you are free to enter into this Agreement and that this does not violate any agreement you have entered into.
17. "Direct Commission": ALLREPCO, LLC will pay you a commission of 20.0% of the "Direct Net Revenue" it receives from your ALLREPCO, LLC COMPLETED REFERALS, as calculated by the tracking technology.
"Direct Net Revenue" means gross revenues from your ALLREPCO LLC, SITE, less Sales Taxes, Returns, Invalidated Credit Card Transactions, and Credit Card Processing Fees is applicable.
"Indirect Commission" ALLREPCO, LLC will pay you a commission of 5.0% of the "Indirect Net Revenue", as calculated by the tracking technology. "Indirect Net Revenue" means gross revenues from your Indirect Completed Sales, less Sales Taxes, Returns, Invalidated Credit Card Transactions, and Credit Card Processing Fees is applicable.
"Sales Taxes" shall include all applicable federal, state and local taxes payable by consumers to purchase the Customer Products;
"Invalidated Credit Card Transactions" include, but are not limited to: (a) credit card transactions invalidated due to fraudulent card use or over-limit accounts, and (b) credit card transactions invalidated by charge-backs;
"Credit Card Processing Fees", include, but are not limited to the credit card fees, charge-back fees and other bank-related order processing fees.
ALLREPCO, LLC shall not be obligated to pay Direct or Indirect Commissions for any activity which is not evidence by the associated technology tracking technology.
18. In order to ensure the highest accuracy of commission payments (taking in events such as credit card fraud or a rare but possible charge back),ALLREPCO, LLC will issue commission checks approximately forty (40) days at the end of every calendar month (every calendar month is its own billing calendar month). Example: All commission earnings for the month of January will have a check issued to the registered party on March 10th. Commission earnings for the month of February will have a check issued on April 10th. You will be issued a monthly statement and will be able to check your monthly and annual Direct and Indirect COMMISSIONS.
19. For good consideration and as an inducement for ALLREPCO, LLC to enter into this agreement, you (as an independent marketing representative), hereby acknowledge and agree that ALLREPCO, LLC has a legitimate business interest, as defined by Florida Statutes and Florida case law, to protect; and you agree not to directly or indirectly compete with the business of ALLREPCO, LLC and its successors and assigns during the period of this Agreement as an independent contractor and for a period of 2 years following termination of this Agreement, which you agree is reasonable in scope, and notwithstanding the cause or reason, at any time, a court of competent jurisdiction determines that either the time or area restrictions of this paragraph are invalid, the parties agree that the court may establish valid time and area restrictions and the parties agree to comply with said restrictions as established by said court of competent jurisdiction. In such event, there is no waiver of ALLREPCO, LLC right to enforce the no-compete and if any term of this no-compete or any other term of this agreement is deemed to be unenforceable, THESE PROVISIONS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. You also acknowledge that ALLREPCO, LLC may in reliance of this agreement provide you access to trade secrets, customer information and other confidential data and good will. You hereby covenant, warrant and represent that both you and your employees will keep confidential, both during the term of this Agreement and forever after its termination, all information obtained from ALLREPCO, LLC with respect to all trade secrets, proprietary matters, business procedures, customer lists, needs of customers, manufacturing processes and all matters which are competitive and confidential in nature, and will not disclose this information to any person, firm, corporation or other entity for any purpose or reason whatsoever.
20. This Agreement may not be transferred, sold or assigned to any other individual, corporation, partnership, or joint venture without ALLREPCO, LLC prior written approval, Notwithstanding the foregoing, ALLREPCO, LLC shall be notified in writing of your intention to cease performance, an intention to liquidate your business, sell its assets, or sell to transfer more than 50% of the capital stock of the business, no less then Five (5) business days prior to the occurrence of same. In no event will ALLREPCO, LLC be bound to continue this Agreement under the same terms and conditions to your transferee, successor or majority stockholder, or in the event that the IMR is no longer personally and actively involved in marketing products.
21. If any provision of this Agreement is held by a court of competent jurisdiction or arbitration to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired.
Disclosures Required Pursuant To Federal Law:
Consumer Disclosure Statement Credit File Rights Under State And Federal Law You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any "credit repair" company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years. You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: Public Reference Branch Federal Trade Commissions Washington, DC 20580.
22. The terms and conditions of use in this Terms of Use are subject to change at any time. You should review the Terms of Use regularly for any changes.
Last Updated: March 2009
ALLREPCO, LLC Independent Marketing Representatives (IMR) herein after referred to as “ARC” is committed to protecting your privacy. Please read the ARC Privacy Statement below and also any supplemental information for additional details about particular ARC sites and services that you may use. This ARC Privacy Statement applies to data collected by ARC through the majority of its Web sites and services, as well as its offline product support services. It does not apply to those ARC sites, services and products that do not display or link to this statement or that have their own privacy statements.
Collection of Your Personal Information:
In order to access some ARC services, you will be asked to sign in with an e-mail address and/or password, which we refer to as your credentials. In most cases, these credentials will be part of the ARC database, which means you can use the same credentials to sign in to many different ARC sites and services, as well as those of select ARC partners. By signing in on one ARC site or service, you may be automatically signed into other ARC sites and services. As part of creating your credentials, you may also be requested to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password, as well as an alternate email address. Some services may require added security, and in these cases, you may be asked to create an additional security key. Finally, a unique ID number will be assigned to your credentials which will be used to identify your credentials and associated information. At some ARC sites, we ask you to provide personal information, such as your e-mail address, name, home or work address or telephone number. We may also collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites. If you choose to make a purchase or sign up for a paid subscription service, we will ask for additional information, such as your credit card number and billing address that is used to create a ARC billing account. We may collect information about your visit, including the pages you view, the links you click and other actions taken in connection with ARC sites and services. We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring Web site addresses. When you receive newsletters or promotional e-mail from ARC, we may use web beacons (described below), customized links or similar technologies to determine whether the e-mail has been opened and which links you click in order to provide you more focused e-mail communications or other information. In order to offer you a more consistent and personalized experience in your interactions with ARC, information collected through one ARC service may be combined with information obtained through other ARC services. We may also supplement the information we collect with information obtained from other companies. For example, we may use services from other companies that enable us to derive a general geographic area based on your IP address in order to customize certain services to your geographic area.
Use of Your Personal Information:
ARC collects and uses your personal information to operate and improve its sites and deliver the services or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies; and displaying content and advertising that are customized to your interests and preferences. We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. Some ARC services may send periodic member letters that are considered part of the service. We may also occasionally send you product surveys or promotional mailings to inform you of other products or services available from ARC and its Independent Marketing Representatives. Personal information collected on ARC sites and services may be stored and processed in the United States or any other country in which ARC or its Independent Marketing Representatives, subsidiaries or agents maintain facilities, and by using a ARC site or service, you consent to any such transfer of information outside of your country. ARC abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. Sharing of Your Personal Information Except as described in this statement, we will not disclose your personal information outside of ARC and its controlled subsidiaries and Independent Marketing Representatives without your consent. Some ARC sites allow you to choose to share your personal information with select ARC partners so that they can contact you about their products, services or offers. Other sites do not share your contact information with third parties for marketing purposes, but instead may give you a choice as to whether you wish to receive communications from ARC on behalf of external business partners about a partner's particular offering (without transferring your personal information to the third party). See the Communication Preferences section below for more information. Some ARC services may be co-branded and offered in conjunction with another company. If you register for or use such services, both ARC and the other company may receive information collected in conjunction with the co-branded services. We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those companies will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on ARC; (b) protect and defend the rights or property of ARC (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of ARC services or members of the public.
Accessing Your Personal Information:
You may have the ability to view or edit your personal information online. In order to help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (e-mail address and password). The appropriate method(s) for accessing your personal information will depend on which sites or services you have used. Some ARC sites or services may collect personal information that is not accessible via the links above. However, in such cases, you may be able to access that information through alternative means of access described by the service. Or you can write us by using our Web form, and we will contact you within 30 days regarding your request.
Communication Preferences:
You can stop the delivery of future promotional e-mail from ARC sites and services by following the specific instructions in the e-mail you receive. These communication choices do not apply to mandatory service communications that are considered part of certain ARC services, which you may receive periodically unless you cancel the service. Security of Your Personal Information ARC is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.
Use of Cookies:
ARC Web sites use "cookies" to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. ARC Web sites use cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and appropriate advertising on your later visits to these sites. When you sign in to a site using your credentials, ARC stores your unique ID number, and the time you signed in, in an encrypted cookie on your hard disk. This cookie allows you to move from page to page at the site without having to sign in again on each page. If you are using a public computer or do not otherwise want this information to be stored, you can select the appropriate radio button on the sign-in page, and this cookie will not be used. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of ARC sites and services that depend on cookies.
Use of Web Beacons:
Web pages may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that may be used to assist in delivering cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may include Web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon. ARC may also employ Web beacons from third parties in order to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns. We prohibit Web beacons on our sites from being used by third parties to collect or access your personal information. Finally, we may work with other companies that advertise on ARC sites to place Web beacons on their sites in order to allow us to develop statistics on how often clicking on an advertisement on a ARC site results in a purchase or other action on the advertiser's site.
Changes to This Privacy Statement:
We will occasionally update this privacy statement to reflect changes in our services and customer feedback. When we post changes to this Statement, we will revise the "last updated" date at the top of this statement. If there are material changes to this statement or in how ARC will use your personal information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this statement to be informed of how ARC is protecting your information.
Contacting Us:
ARC welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us via e-mail.
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