Terms of Service/Member Agreement
PaidConnections.com is owned and operated by Paid Communications LLC. Paid Communications LLC offers a proprietary online platform that connects customers looking for advice on various topics with advisors who have knowledge about specific topics (the “PaidCommunications Service” or “PaidCommunications Site”).
PaidCommunications reserves the right to change these Terms of Service at any time and will make reasonable efforts to notify users when it has done so.
The Intent Of This Site
PaidCommunications is to be used only by persons aged 18 or older. Any access to or use of the PaidCommunications Service by anyone under 18 is prohibited. By accessing or using PaidCommunications you represent and warrant that you are 18 or older.
“Client/Advisor” both refers to a person who offers advice and information using a PaidCommunications account.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
“Credit” refers to the currency used on our site. Customers buy Credit in order to initiate a Transaction and get advice from our Advisors.
“Customer” refers to a person who is seeking advice and is paying for your services on a specific topic.
“Transaction” means any live conversation or call that occurs between a Customer and Advisor through the PaidCommunications Service..
To become a Member you must be at least 18 years old. Any registration by anyone under 18 is void. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate and complete information during the registration process and to update such information as needed. PaidCommunications reserves the right to suspend or end your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You agree you will safeguard your password and will not disclose your password to any third party. Whether or not you have allowed activities or actions under your Account, you will be solely responsible for them. You will immediately notify PaidCommunications of any unauthorized use of your Account.
ORDER COMPLETION TIME
After receipt and review of Client’s Order Form with payment, PaidCommunications.com will complete all programming and installation within 3-10 business days, depending on the bill-per-call package selected, and will then forward to Client the Notification of 800 Line Activation, which will include all necessary information for Client to begin telephone line(s) usage. Confirmation of this activation will get sent to Client via email and/or postal mail.
Any notice required under this Agreement shall be in writing and shall be effective as of the date received. Any notice may be delivered by certified mail, facsimile, or by email to the responsible party at the address in this agreement.
The courts of the state of Oregon, county of Deschutes shall litigate any unresolved disputes between the parties. The losing party to any dispute shall pay to the other party any attorney fees and/or costs resulting from such litigation.
PaidCommunications.com offers both phone and email support in order to provide the Client with ongoing help in the marketing of the 800 line(s). All requests for support will receive a reply within 24 hours or sooner.
NON-REFUNDABLE SETUP COST
Initial one-time setup fee ranges from $20 to $2500. Cost may vary based on the package the Client selects at setup time. This one-time setup fee is non-refundable.
MONTHLY MAINTENANCE FEE
The Client authorizes PaidCommunications.com to charge the credit card it has on file in order to bill the client for maintenance fees. We will process this charge in monthly cycles from the date of setup completion. The automatic recurring charge authorization will remain in effect until such time the Client gives written notice to cancel by email or regular postal mail. PaidCommunications.com may cancel this agreement with or without notice if the maintenance fee or minimum line usage fees are not paid in a timely manner.
CANCELLATION/ NO SERVICE CONTRACT
Client may cancel service with PaidCommunications.com at any time, but Client shall not receive a refund of any monies paid to PaidCommunications.com prior to the date of cancellation.
Please Note: If you are using our merchant account and have earnings owed to you when you cancel your service, we will hold 50% of your earnings for up to 6 months which is the time your customers might dispute the charges for your services on their credit card.
Client may request to have their Bill Per Call Platinum services temporarily disabled for up to one year without Client being billed a monthly fee or minimum line usage fee. The fee for re-connecting service is $100. Client also may transfer their 1-800 number to another service provider without being charged a penalty. PaidCommunications.com may cancel this agreement if Client commits non-payment, fraudulent bill-per-call minutes, spam abuse, or any other acts of fraud.
Upon the cancellation of your service, we reserve the right to keep a backup of your agent and member databases to be used for future marketing. During your service, from beginning up to cancellation, your members’ and agents’ data will remain your property only.
Direct Deposits take place from the 25th to the 27th of the month, payable for the preceding month’s activity. PaidCommunications.com may withhold a reserve percentage based on the Client’s transaction history and high chargebacks. The average chargeback rate with our clients has been steadily less than half of one percent. We will hold the client financially responsible for the result of all chargebacks for the full amount of each chargeback plus the $20 fee that our merchant bank charges. A chargeback occurs when a party declines to pay the charges their credit card company billed them for. Each month, the client will receive a statement providing complete details of any chargeback activity.
Deactivation of your account
Your account may get deactivated if your payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your membership subscription.
PaidCommunications Only Provides a Venue
The PaidCommunications Service is a communications platform for enabling transactions between Customers and Advisors. PaidCommunications does not have control over the quality, timing, legality, failure to provide, or any other aspect of any ratings provided by Users, Advisor Services provided by Advisors, nor of the integrity, responsibility or any of the actions or omissions of any Users. PaidCommunications cannot confirm that the Users are who they claim to be. PaidCommunications does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
- User Responsibilities. PaidCommunications does not select, screen, approve, endorse or limit its Advisors. We do not make any warranty of quality or fitness and under no circumstances may PaidCommunications be held liable for the actions or omissions of any Advisor performing Advisor Services for you. Information on the Website, including but not limited to information posted publicly on the Site, and other User Content does not reflect any endorsement or approval by PaidCommunications. PaidCommunications does not warrant or guarantee the accuracy, adequacy, applicability, or quality of any such User Content or the qualifications of those posting User Content. PaidCommunications SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.
- Advisors. You acknowledge Advisors are not the employees or agents of PaidCommunications. All Advisors who offer their services to perform consulting services for other users operate independently from PaidCommunications. PaidCommunications reserves the right to remove any Advisor account from the PaidCommunications website.
Beyond the terms and conditions of the Terms of Service, Advisors agree to comply with the below requirements in providing Advisor Services. Limiting no other remedies PaidCommunications may have, PaidCommunications may immediately end your membership and use of the service without notice if we believe that you have violated any of the following requirements.
- Continuously provide truthful, current and complete information, including, without limitation, correct representation of skills, degrees, qualifications, credentials, background and other information in your listing;
- Promise not to misrepresent yourself or create a misleading profile listing;
- Not provide any Advisor Services which require a professional license, such as a physician, other health practitioner, attorney, accountant or financial planner, unless you have a valid professional license in the relevant jurisdiction(s) and such license allows for providing Advisor Services through the Site. If you do not have a valid professional license in the relevant jurisdiction for any professional services, you may not provide such services through the Site.
PaidCommunications also specifically reserves the right to remove an Advisor account from our Service because:
- If PaidCommunications learns an Advisor is violating the email protocols set forth in the CAN-SPAM act, such as by engaging in bulk email spamming or using emailing programs and email list generators to promote your services.
General Restrictions and Prohibitions
All Users agree not to do any of the below:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the PaidCommunications Service, or any individual element within the PaidCommunications Service, PaidCommunications’s name, any PaidCommunications trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PaidCommunications’s express written consent;
- Access, tamper with, or use non-public areas of the PaidCommunications Service, PaidCommunications’s computer systems, or the technical delivery systems of PaidCommunications’s providers;
- Attempt to probe, scan, or test the vulnerability of any PaidCommunications system or network or breach any security or authentication measures;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or chain letters;
- Use the PaidCommunications Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the PaidCommunications Service or Service Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the PaidCommunications Service;
- Collect or store any personally identifiable information from the PaidCommunications Service from other users of the PaidCommunications Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
PaidCommunications may investigate and prosecute violations of the above to the fullest extent of the law. You acknowledge PaidCommunications has no obligation to monitor your access to or use of the PaidCommunications Service, or to review or edit any Content Members post, but may do so to operate the PaidCommunications Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PaidCommunications reserves the right without prior notice, to remove or disable access to any Content, that PaidCommunications, at its sole discretion, considers to violate these Terms of Service or otherwise harmful to the PaidCommunications Service.
Copyright and IP Policy and Reporting Infringement
PaidCommunications respects copyright law and expects its users to do the same. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that you claim was infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);
- A statement by you in which you have a good faith belief that the use of the content identified in your notice in the manner complained of being disallowed by the copyright/trademark owner, its agent, or the law;
- A statement by you in which you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or allowed to act on the owner’s behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
You can send us your copyright or trademark notices by mail to:
824 Northwest Newport Ave., Unit 1,
Bend OR, 97703
Links to Third-Party Websites
THE PaidCommunications SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, ADVERTISERS, SERVICES OR RESOURCES THAT ARE NOT OWNED OR CONTROLLED BY PaidCommunications. YOU ACKNOWLEDGE AND AGREE THAT PaidCommunications HAS NO CONTROL OVER AND IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES; OR THE CONTENT, PRODUCTS, PRIVACY POLICIES, PRACTICES OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY PaidCommunications OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS PRACTICES, PRIVACY POLICIES, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU EXPRESSLY RELIEVE PaidCommunications FROM all LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES OR THIRD PARTY CONTENT.
The failure of PaidCommunications to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PaidCommunications. Except as set forth in these Terms of Service, the exercise by either party of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will get enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If we hold any provision of this Agreement unenforceable, then such provision will be changed to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and PaidCommunications are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If you breach any of these Terms of Service, PaidCommunications may suspend or disable your Account or end these Terms of Service, at its sole discretion and without prior notice to you. PaidCommunications reserves the right to revoke your access to and use of the PaidCommunications Service, with or without cause. In the event PaidCommunications ends these Terms of Service for your breach, you will remain liable for all amounts due.
THE PaidCommunications SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PaidCommunications EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PaidCommunications MAKES NO WARRANTY THAT THE PaidCommunications SERVICE OR SERVICE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PAID COMMUNICATIONS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, PaidCommunications SERVICE OR SERVICE CONTENT PURCHASED OR OBTAINED THROUGH THE PaidCommunications SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PaidCommunications SERVICE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PaidCommunications OR THROUGH THE PaidCommunications SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PaidCommunications SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT BECAUSE OF YOUR USE OF THE PaidCommunications SERVICE. YOU UNDERSTAND PaidCommunications DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE PaidCommunications SERVICE, NOR DOES PaidCommunications MAKE ANY ATTEMPT TO VERIFY THE ACCURACY OF CONTENT POSTED BY THE USERS OF THE PaidCommunications SERVICE. PaidCommunications MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PaidCommunications SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PaidCommunications SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PaidCommunications SERVICE AND BECAUSE OF YOUR USE OF THE PaidCommunications SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold PaidCommunications and its successors and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the PaidCommunications Service, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PaidCommunications SERVICE REMAINS WITH YOU. NEITHER PaidCommunications NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PaidCommunications SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, PaidCommunications SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PaidCommunications SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS RELATING TO OR IN CONNECTION WITH THESE TERMS OF PaidCommunications SERVICE OR FROM THE USE OF OR INABILITY TO USE THE PaidCommunications SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PaidCommunications SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT BECAUSE OF YOUR USE OF THE PaidCommunications SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER PaidCommunications HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of PaidCommunications used herein are trademarks of PaidCommunications. PaidCommunications and the PaidCommunications Logo are registered trademarks with the United States Patent and Trademark Office (USPTO) and are property of Paid Communications LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without PaidCommunications’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. PaidCommunications may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service make up the entire and exclusive understanding and agreement between PaidCommunications and you regarding the PaidCommunications Service, and these Terms of Service supersede and replace all prior oral or written understandings or agreements between PaidCommunications and you regarding the PaidCommunications Service.