By purchasing banners or advertisements ToolCrunch.net, Inc., you agree to the terms and conditions as follows: This Agreement is entered into as of the date of the banner purchase and until the subscription is canceled. This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in ToolCrunch.net banner Generation Program (the “Program”). As used in this Agreement, “we” banners ToolCrunch.net and “you” means the applicant. The word advertisements and banners are the same products, beings we are sending you requests and or banners.
We have multiple websites other than toolcrunch.net we place banners, advertisements, and “we” either send your website traffic, or email you requests made by our users on “our” websites.
Enrollment in the Program: To begin the enrollment process, you will submit a complete application via our site. We will evaluate your application and will notify you of your acceptance in a timely manner. You agree to pay for marketing services we provide to you. Our marketing services include, but are not limited to, providing used auto parts banners through our marketing efforts such as banner advertising, search engine optimizing, maintenance of web sites, etc. We will be responsible for sorting out and delivering to you banners, submitted via our web site, in accordance with your banner requirements and this Agreement. banners sent to the e-mail address provided by you shall, until we have received notice of any different e-mail address, be deemed to have been delivered to you whether actually receive any banners or not. If you are not receiving banners, it is your responsibly to inform ToolCrunch.net. ToolCrunch.net will remedy the situation within 1-business day. You agree to reply to the banners in a timely manner.
Definition of a banner: A banner is an email sent to you that has the potential customer contact information and type part they are looking purchase.
Term of the Agreement: Your participation in the Program will begin upon our acceptance of your Program application and will end when terminated by banners ToolCrunch.net or when you cancel the service. A 5-day notice is required. Provider ToolCrunch.net is a banner generating company that gathers information via the Internet and other means for marketing purposes. We match consumers with vendors in various states. Using our best efforts, banners shall be delivered once the weekly payment is received from you the individual or the entity named in application. We offer a 1-day grace period.
banners As used in the Agreement: The term “banners” means a “part request” submitted by potential buyers via our network or web sites and delivered to participants via e-mail. Each exclusive phone banner is sent by us to only one (1) participant if that program is agreed upon and executed fully. You understand that the banners are inquires only and is a request for information only. banners ToolCrunch.net. cannot guarantee the accuracy of the information it gathers due to factors beyond our control. All information is provided AS IS, with all faults and errors. The banners delivered to you under this Program are only for your use. You agree that you shall not resell, exchange, transfer or distribute our banners to any other person or entity. All offenders will be immediately terminated, and payment forfeited. If you are operating your business in an unethical manner you will be banned from the service.
Pricing: Pricing is not posted on our website and is subject to change. This includes any services ToolCrunch.net may or will provide. Disclaimers: We make no express or implied warranties or representations with respect to the Program or to the banners delivered through the Program including, without limitation, warranties as to the results that may be obtained from your participation in the Program or the use of the banners. The banners and phone calls are provided “AS IS”, with no warranties whatsoever, unless otherwise expressly stated in this Agreement. We only collect information from people making inquiries via our network or websites and transfer it to you. You agree that we cannot and do not guarantee the accuracy, reliability or content of any information submitted by the prospects.
IF YOU ARE FOUND TO BE RESELLING OR SHARING banners WITH A DIFFERENT COMPANY OR OPERATING UNDER MORE THAN 1 COMPANY NAME YOU WILL BE REMOVED FROM THE SERVICE.
In addition, we specifically disclaim any warranty that the operation of our web sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Limitation of Liability: We shall not be liable for any indirect, special, incidental or consequential damages arising in connection with this Agreement or the Program, including without limitation, any loss of profits or business interruption, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with the Program will not exceed the total banner generation fees paid or payable to us for a 1-month period from you the individual or the entity approved on our application.
Indemnification: You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, asserted against us, that may arise or result from any action taken, or any service performed or agreed to be performed by you, your agents or employees to any person in response to or in connection with any banner delivered to you through the Program. In addition, we specifically disclaim any warranty that the operation of our web sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You hereby represent and warrant to us as follows: This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject.
Independent Investigation: You acknowledge that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Customer (banner Buyer): Customer is purchasing marketing services from provider. Customer warrants that they comply with all applicable federal and state laws and regulations in its business practice. Customer warrants they are not currently in violation of any federal, state, or other law or regulation applicable to them in their professional business. Customer will not seek to hold Provider liable in any action prosecuted against Customer by a prospect, government agency, or other party which alleges non-compliance with the laws applicable to local, state or federal law including Deceptive Trade Practices.
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject. Arbitration: We agree that any claim, dispute or controversy between us or claim by either of us against the other or the employee, agents or assigns of the other and any claim arising from or relating to this agreement or the relationship which results from this agreement, no matter against whom made, including the applicability of this arbitration clause and the validity of the entire agreement, shall be resolved neutral binding arbitration by the National Arbitration Forum, under the Code of Procedure in effect at the time the claim is filed. Any arbitration hearing will take place at a location agreed upon by ToolCrunch.net. Rules and forms of the American Arbitration Association may be obtained, and all claims shall be filed at any American Arbitration Association office. You may visit their web site at http://www.adr.org/aaa/faces/home or write to them at 6795 N. Palm Avenue, Floor 2 Fresno, CA 93704
Entire Agreement: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any verbal conversations, other communications, and previous agreements, if any.
Modifications: You agree that we may modify our Program or change the terms of this Agreement, in whole or in part, at any time in our sole discretion. This includes the price increases for any of our services. You will be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our sending of a change notice will constitute binding acceptance of the change.
Assignment: You may not transfer your account or assign this Agreement, by operation of law or otherwise, to any other person or entity, without our prior written consent. Any such attempted assignment or transfer shall be void and without effect. Governing Law: This Agreement will be governed by the laws of the State of Texas, without reference to rules governing choice of laws. Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
ToolCrunch.net is not responsible for duplicate banners, banner out of geographic area, banner criteria on the banner delivered does not meet filter requirements, if phone numbers are invalid, fictitious information, consumer is a minor, wrong banner product. All banners are sold on an “As Is” basis and there are no returns, no replacement, no refund, no warranty.
Refunds: ToolCrunch.net does not refund money or cash. ToolCrunch.net shall be the final judge of the validity of any Refund Claims. If a dispute is determined to be without merit your account will not be credited for the banner cost AND an additional charge of $15 per invalid dispute will be charged to your account. These policies are subject to change without notice. ToolCrunch.net and its successors reserve the right to refuse service to anyone or any entity.
Your submission of an application confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you understand the terms of this Agreement.
Should you have any questions concerning this Agreement please do not hesitate to contact jamesredmon17@gmail.com