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ASPIRING MS INC. - TERMS OF SERVICE
Last Updated: September 25th, 2019
These Terms of Service (“Terms” or “Agreement”) form a legally binding contract between Aspiring MS Inc., a Wyoming Corporation (“Aspiring MS,” “we,” “us,” or “our” or “Aspiring MS Inc” or “Aspiring Media Solutions”) and you, the business owner, agent, or consumer utilizing the platform (“User,” “you,” or “your”).
By creating an account, registering through any Aspiring MS web property, submitting payment, or using any Aspiring MS service, you agree to be bound by this Agreement in full as of the Effective Date.
For questions, contact: [email protected]
Aspiring MS Inc. provides digital advertising, lead generation, connection-based marketing services, and a cloud-based dashboard (the “Dashboard”) where Users can:
These services are collectively referred to as the “Paid Services.”
User represents and warrants that:
Authority to Practice Business. User is validly licensed or authorized by and in good standing with each applicable state association, governmental agency, and regulatory body in each Practice Area and Territory in which the User purchases Paid Services, where applicable law requires as license, certification, registration or other authorization for the business.
User Responsibility to Provide Accurate and Updated Information. It is User’s sole responsibility to update the Dashboard or contact Aspiring Media Solutions with changes to User’s email address and telephone number. User acknowledges that Aspiring Media Solutions is not responsible for costs incurred as a result of User’s failure to update or provide accurate contact information to Aspiring Media Solutions.
User agrees to:
Incorrect or outdated information does not relieve User of financial obligations under this Agreement.
The Dashboard enables User to select:
User is solely responsible for modifying and maintaining these settings.
General Changes. Aspiring Media Solutions may change, modify, add, remove, suspend, cancel or discontinue any aspect of the Paid Service, including the functionality, content, and/or availability of any features of the Paid Service, at any time in the sole discretion of Aspiring Media Solutions. We may also impose limits on certain features and services or restrict your access to all or part of the Dashboard without notice or liability at any time.
Changes to Terms. Aspiring Media Solutions reserves the right to modify these Local Terms at any time for any reason. Upon the next occasion in which User logs in to and accesses the Dashboard, User will be required to accept the updated Local Terms. Notwithstanding Section 16(b) below, failure to agree to such changes will result in the termination of this Agreement.
Upon enrollment, User must pay a Deposit, which is drawn against for each delivered lead or Connection.
When the Deposit balance falls to 20% or below, Aspiring MS automatically charges the User’s card to restore the Deposit to the original amount. When the balance of the Deposit reaches 20% of the original amount or less, Aspiring Media Solutions shall apply another charge to User’s credit card in order to restore the Deposit to the original amount (hereinafter “Replenishment Charge”). Aspiring Media Solutions will continue to charge the Replenishment Charge until you terminate your subscription. Aspiring Media Solutions may send a reminder email to the email address of record for your account before Aspiring Media Solutions deducts the Replenishment Charge. The User acknowledges and agrees that this notice is provided as a courtesy only, and Aspiring Media Solutions is not obligated or required to provide such notice. You acknowledge and agree that:
User authorizes Aspiring MS to:
User hereby authorizes Aspiring Media Solutions to deduct each Connection Fee from the User’s Deposit account. User is responsible for payment of the Connection Fee for all Connections delivered to User’s email address and telephone number of record, regardless of whether User services the customer. In the event that someone other than User accepts a Connection delivered to User’s telephone number or calendar application of record, User will be deemed to have accepted the Connection.
Fee Disputes. User understands and agrees that all questions of accounting, balances, and the validity of any given Connection shall be determined exclusively by Aspiring Media Solutions in its reasonable discretion based on the information provided through the Dashboard.
User may receive any combination of:
A potential client may be delivered to the User via:
Delivery is complete when:
No refunds apply once delivered.
Delivered via:
Delivery is complete once the invitation or data is transmitted by any method.
User must contact the potential client directly to:
User sets a maximum price (“Bid”) per Connection. Aspiring MS may set Minimum Bids, will not charge more than User’s maximum Bid, and will allocate Connections based on algorithms incorporating availability, bid competitiveness, and User history.
User may not resell, transfer, distribute, or assign any lead or Connection.
No Resale of Connections. Once delivered to the User, Aspiring Media Solutions shall not resell, convey, or otherwise redeliver a Connection to another Client in the same Practice Area and Territory, unless that Potential Client makes an additional request, regardless of whether the Potential Client has made the same or similar requests in the past. In the event that a consumer complains to Aspiring Media Solutions about User’s Paid Services, the complaint will be considered a new request by consumer to be connected to a different Client in the network, at which time Aspiring Media Solutions may deliver the Connection to another Client.
Penalty for violation: $1,000 per unauthorized resale, payable immediately upon discovery.
User represents and warrants they will not violate:
User must maintain a lawful privacy policy disclosing:
User agrees to provide copies of all privacy policies to Aspiring MS upon request.
User Information. All information provided by the User through the Dashboard shall remain the sole property of the User unless you are notified specifically in advance. The User, not Aspiring Media Solutions, has the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of your information, and Aspiring Media Solutions is not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any such information. Aspiring Media Solutions reserves the right to withhold, remove, and/or discard your information without notice for any breach of these terms. On termination, your right to access or use the Dashboard and Aspiring Media Solutions will have no obligation to maintain or forward any of your information.
No Guarantee. Aspiring Media Solutions makes no representation that Connections will result in engagement or hiring of User by Aspiring Media Solutions customers.
No warranty. Aspiring media solutions specifically disclaims any warranty regarding the quality or outcome of connections. Except as prohibited by law, the client will hold aspiring media solutions and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including clients’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by me of any federal, state, or local laws, statutes, rules, or regulations, even if aspiring media solutions has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of aspiring media solutions, it will be limited to the amount paid for the products and/or services and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to the client.
Aspiring MS disclaims all express and implied warranties, including merchantability and fitness for a particular purpose.
To the fullest extent permitted by law:
User agrees to indemnify, defend, and hold harmless Aspiring MS, its officers, directors, contractors, employees, and affiliates from all claims or damages arising out of:
Assignment. User may not assign this Agreement or any rights/obligations without Aspiring Media Solutions’ prior written consent. Aspiring Media Solutions may assign, subcontract, or delegate in connection with corporate changes such as merger or asset sale.
Relationship of the Parties. The parties are independent contractors; nothing creates a partnership, joint venture, franchise, employment, or agency relationship.
Additional indemnification terms. User agrees to protect, defend, indemnify, and hold Aspiring Media Solutions and related parties harmless for claims and costs (including attorneys’ fees) damages arising out of:
Assignment. User may not assign this Agreement nor any rights or obligations under this Agreement, in whole or in part, to any third party without Aspiring Media Solutions ‘s prior written consent and approval. Aspiring Media Solutions may, without consent of the User, assign, subcontract, and delegate any part of this Agreement to a subsidiary or parent company or in connection with a merger, consolidation, sale of all or substantially all of its assets to another entity. The terms and conditions of this Agreement bind and inure to the benefit of each party’s respective successors and permitted assigns.
Relationship of the Parties. User and Aspiring Media Solutions are independent contractors under this Agreement, and nothing shall be construed to create a partnership, joint venture, franchise, employment or agency relationship between User and Aspiring Media Solutions. Neither party has authority to enter into agreements of any kind on behalf of the other party. Each party is solely responsible for the operation and management of its business, generally, and nothing in this Agreement is intended or should be construed to create any obligation or liability for either party with respect to any aspect of the operation of the other’s business.
Indemnification. User agrees to protect, defend, indemnify, and hold Aspiring Media Solutions harmless from any and all claims, causes of actions, liabilities, judgments, penalties, losses, costs, damages, expenses (including Clients’ fees and all related costs and expenses of litigation at arbitration, or at trial or on any appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage arising from this Agreement. For purposes of this Agreement, the indemnified parties include Aspiring Media Solutions and its owners, affiliates, subsidiaries, parents, shareholders, members, successors and assigns, representatives, franchisees, officers, directors, agents, Clients, and employees.
User represents and warrants to Aspiring Media Solutions that User will not: (i) violate any federal, state, local or foreign law or regulation including, but not limited to, the MARS RULE, the Gramm-Leach-Bliley Act, the Telemarketing Sales Rule, the FTC Act, the Truth in Lending Act and the Real Estate Settlement Procedures Act; (ii) infringe upon or misappropriate any copyright, trademark, patent, trade secret or other intellectual property right or other right, including any individual privacy right of any person or consumer; (iii) disclose the identity of Aspiring Media Solutions. User agrees to indemnify, defend (including immediate reimbursement of attorneys’ fees) and hold harmless Aspiring Media Solutions, its officers, directors, employees and agents, from and against any claims, actions or demands arising from or related to the breach of the warranties in this paragraph or other breach of this Agreement. CORPORATE HEADQUARTERS 1910 Thomes Avenue Cheyenne, WY 82001
User data remains User property, except:
All sales are final, non-refundable, and non-returnable except where expressly stated under replacement policies.
Aspiring MS has no control over whether a lead has applied elsewhere.
We may terminate at any time, for any reason.
User may terminate by submitting 30 days written notice.
Refunds of remaining Deposits occur:
User agrees not to disclose:
Except where required by law.
All disputes shall be resolved by binding arbitration, conducted individually.
Dispute resolution by binding arbitration
Please read this carefully. It affects your rights.
Summary:
This Dispute Resolution by Binding Arbitration provision supersedes and replaces the Dispute Resolution by Binding Arbitration agreement in Aspiring Media Solutions ‘s Terms of Use and Terms of Service for all Aspiring Media Solutions Local Users. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at 317-458-2908. In the unlikely event that the Customer Care Center is unable to resolve your complaint to your satisfaction (or if Aspiring Media Solutions has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You may speak with independent counsel before using this Site or completing any bid.
Arbitration Agreement:
Aspiring Media Solutions and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
Class actions, class arbitrations, and group claims are prohibited.
Venue for arbitration: Cheyenne, Wyoming
This Agreement is governed exclusively by the laws of the State of Wyoming.
The prevailing party in any dispute is entitled to recover actual attorneys’ fees and costs.
This document supersedes all prior agreements, proposals, or discussions.