THE FOLLOWING TERMS OF USE (“TERMS OF USE”, “TERMS”) IS A BINDING LEGAL AGREEMENT BETWEEN YOU (“YOU”, “CUSTOMER”) AND AUTHORIFY. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, ORDERING FROM, SUBSCRIBING, OR OTHERWISE USING THIS WEBSITE. THESE TERMS CONTAIN CERTAIN RIGHTS AND OBLIGATIONS AND REPRESENTATIONS AND WARRANTIES, AND, ACCORDINGLY, FORM AN ESSENTIAL BASIS OF OUR AGREEMENT WITH YOU. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS, AND PLEASE REFERENCE THE LATEST VERSION OF THIS AGREEMENT ANY TIME YOU PLACE AN ORDER WITH US OR RENEW YOUR MEMBERSHIP PLAN. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THESE TERMS OF USE ARE ENTERED INTO SOLELY FOR THE MUTUAL BENEFIT OF YOU AND AUTHORIFY, AND NO BENEFITS, RIGHTS, DUTIES, OR OBLIGATIONS ARE INTENDED BY THIS AGREMENT FOR ANY THIRD PARTIES.

Introduction

These “Terms of Use” set forth the terms and conditions which apply to your use of the https://authorify.com website, and the collection of webpages associated with such website, (“Website”), which is owned and maintained by Renegade Agent Marketing Corp., d/b/a Authorify (“Authorify”, “Renegade”, “Renegade Agent Marketing”, “RAM”, “we”, “us”, “our”). By accessing, browsing, submitting information, and/or using our service(s) on the Website, including, without limitation, the creation, customization, publishing, printing, and/or production of books, whether printed or digital (“Services”), you acknowledge you have read and understood these Terms of Use, and agree to comply with and be bound by these Terms of Use and our accompanying Privacy Policy, available at https://authorify.com/privacy, which is herein incorporated by reference in its entirety, as they are currently presented, without modification by you to any terms disposed therein. If you do not accept all of these terms, do not use our Services or otherwise access or use this Website

Authorify reserves the right to update, change, and/or modify these Terms of Use, and any documents incorporated by reference herein, including, without limitation, any information disposed on the Authorify Website, at any time by posting such updates, changes, and/or modifications (“Changes”) to our Website. Your continued use of our Services and/or Website after any such Changes constitutes your acceptance of such Changes. It is your responsibility to check this page periodically for such Changes. If you do not agree to any Changes to these Terms of Use or our Website, you must: (1) immediately cancel your membership plan; (2) refrain from using our Services; and (3) refrain from using our Website.

Section 1 – Website Use

The Website is expressly intended for adults. If you are using our Services, placing orders, disclosing personal information, or otherwise using our Website, you are affirming that you are at least eighteen (18) years old or of the legal age of majority in your state or province of residence (whichever is greater). Moreover, use of our Website, as indicated above, further constitutes your affirmance that you have the legal capacity to enter into a binding contract with us, and that you have read, understood, and agreed to the terms disposed within these Terms of Use.

Section 2 – Customer Service

If you have any questions or comments regarding Authorify’s products, services, or any other information contained on our Website, please email us at support@authorify.com or give us a call at (904) 695-9933.

Section 3 – Business Days and Hours of Operation

The Authorify office is open Monday ­­­­– Friday from 9:00 AM to 9:00 PM EST. We are closed for all federal holidays observed by the United States government.

Section 4 – Our Services

Our services include any and all services available on our Website, including, without limitation, your ability to access, browse, submit information, and/or use any other service disposed on our Website, such as those services pertaining to the creation, customization, publishing, printing, and/or production of books, whether printed or digital (“Services”).

Section 5 – Ordering Terms

When you place and/or submit an order on any of our online order forms or of your order is manually processed offline by our support staff via phone, you expressly agree to these Terms of Use and our Cancellation and Refund policies, as disposed herein in Sections 10 and 11, respectively.

Section 6 – Book Orders and Reprints

When you place a custom book order, you will receive a physical book(s) in the mail. Before your book(s) order is sent to print, you will be able to preview the book. Once you submit the order to print you will no longer be eligible to modify or change your book order. All approved book orders constitute a final sale and are therefore not eligible for a refund. If, for some reason, you receive your books and they do not match your proofs, please contact us at support@authorify.com and we will be more than happy to correct the issue and reprint them.

Section 7 – Credits

As part of our Services, we may issue you credits, token, or the like, which are redeemable for the performance of various Services, such as the printing of a physical book(s) (“Credits”). Such Credits may only be redeemed for our Services, and are non-transferable and non-refundable. All Credits are valid for a limited time as described on our Website. Credits shall expire immediately upon the cancellation or termination of your subscription plan unless used prior to such cancellation or termination.

Section 8 – Memberships, Subscription Plans, and Services

Monthly Subscription Agreement (“Monthly Subscription”)

By purchasing a Monthly Subscription, you acknowledge and agree that your subscription has an initial pre-payment feature for one full month of service and a recurring monthly payment charge at the then-current Monthly Subscription rate, as stated on our Website. You further acknowledge and agree that you accept full responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Authorify after the expiration date of your payment card. Such a Monthly Subscription is non-refundable.

Annual Subscription Agreement (“Annual Subscription”)

By purchasing an Annual Subscription, you acknowledge and agree that your subscription has an initial pre-payment feature for one full year of service and this subscription shall renew automatically for additional one year periods (12 months), bound by the original terms of your Subscription as stated on our Website. You further acknowledge and agree that you accept full responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Authorify after the expiration date of your payment card. Such an Annual Subscription is non-refundable.

Annual Subscription Agreement – Billed Monthly

By purchasing an Annual Subscription – Billed Monthly, you acknowledge and agree that your subscription has an initial pre-payment feature for one full month of service, under an annual contracted agreement of 12 payments and this subscription shall renew automatically for additional one year periods (12 months), bound by the original terms of your Subscription as stated on our Website. You further acknowledge and agree that you accept full responsibility for all 12 contracted payments and recurring charges prior to cancellation, including, where applicable, any charges processed by Authorify after the expiration date of your payment card. Such an Annual Subscription – Billed Monthly is non-refundable.

Done-for-You Services (“Done-for-You”)

Purchases made on a Done-for-You basis constitute a contractual service done on behalf of your or your business. Such Done-for-You service include, without limitation, marketing and custom design services. Unless specifically and explicitly stated and agreed to in writing, all such Done-for-You charges will be charged the day of purchase. All sales are final on such Done-for-You services, and all such services are non-refundable. Further, you acknowledge and agree that, to the extent our provision of such Done-for-You services are proffered in accordance with a contract, licensing agreement, or any other legal document agreed upon by you, such legal document shall be deemed controlling in the event there is any inconsistency between such legal document and these Terms of Use.

Promotional Trial Memberships

We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms of Use except as otherwise explicitly stated in such promotional offers. We reserve the right, in our sole discretion, to determine your eligibility for any such promotional memberships. Trial members may, at any time, choose not to continue to a paid membership subscription plan (such as a Monthly Subscription or Annual Subscription) by cancelling such promotional membership prior to the end of the trial period by calling us on our main support line at 904-695-9933. If a trial offer and/or a promotional membership requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate such payment method by any procedure, including, without limitation, requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits or Content you may have received as part of such promotional offer.

Section 9 – Fees and Renewals

The applicable fees for our Services will be stated at the time of purchase and/or registration on our Website. Such fees are subject to tax, collected by us or a third-party with whom you transact. Further, such fees may change at any time and are non-refundable except in those circumstances explicitly defined in these Terms of Use. It is your responsibility to check these Terms of Use and our Website periodically for any changes to the stated fees for our Services.

We reserve the right to revise the terms of your Subscription, including pricing, and billing frequency. You may cancel your Subscription as provided below. If you do not cancel your Subscription prior to the renewal, you will be bound by the revised terms of your Subscription.

Provided that you notify us by phone of your intent to cancel or otherwise prevent the automatic renewal of any membership or subscription plan involving the recurring payment of a fee, as set forth in these Terms of Use or our Web Site, you expressly understand and agree such automatic renewal for an additional 12 months and/or recurring payment will occur and be processed by us. Further, you agree to authorize us, or a third-party through whom you transact, to collect such then-applicable fees and any taxes (without notice to you, unless required by applicable law), using any credit card currently file.

If all credit cards we have on file for you are declined for payment of your membership or subscription fees, we reserve the right to cancel your membership or subscription, as applicable, unless you provide us with a new credit card within the time period stated in any communications we issue to you regarding such declined payment. If you provide us with a new credit card and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.

AUTHORIFY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO IMMEDIATELY TERMINATE YOUR ACCOUNT AND/OR ANY ORDERS FOR OUR SERVICES FOR ANY UNPAID (IN WHOLE OR IN PART) PERIOD OF SUBSCRIPTION. SUCH TERMINATION IN NO WAY RELIEVES OR EXCUSES YOU FROM ANY OBLIGATION TO PAY ANY OUTSTANDING FEES, CHARGES, AND/OR EXPENSES. IN THE EVENT AUTHORIFY INITIATES COLLECTION PROCEEDINGS OF ANY TYPE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE YOU WILL BE LIABLE FOR ANY AND ALL COLLECTION COSTS, LEGAL FEES, OR ANY OTHER EXPENSES ASSOCIATED THEREWITH, AS PROVIDED IN THESE TERMS OF USE.

Unless otherwise stated on our Website at the time of purchase, if we ship you a physical product, including, without limitation, a physical book, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such timeframes and/or dates are good-faith estimates and are therefore subject to change. Should your order experience a delay, we will contact you at the email address provided when placing the order. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by a third-party carrier or other delivery service not controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier and/or other delivery service not controlled by us.

Section 10 – Cancellation Procedures

Monthly Subscription Agreement

You may cancel your monthly subscription at any time. All monthly subscription charges start 30 days after the original order date. If you wish to discontinue your membership and you want to avoid being billed again, you are responsible for requesting your account to be canceled prior to the next billing date.

Annual Subscription Agreement

You may cancel your annual subscription at any time. All annual subscriptions are set to automatically renew (1 year/365 days) later. If you wish to discontinue your membership and you want to avoid being billed again, you are responsible for requesting your account to be canceled prior to the next billing date. If you happen to cancel your yearly subscription before the duration of a full year, you will still have access to the membership site for the remaining time. We do not prorate yearly subscriptions.

Annual Subscription – Billed Monthly Agreement

All Annual Subscriptions – Billed Monthly are set to automatically renew (1 year/365 days) later. You accept full responsibility for all 12 contracted monthly payments. If you wish to discontinue your membership and you want to avoid being billed again, you are responsible for requesting your account to be cancelled prior to the renewal date. If you happen to cancel your annual subscription before the duration of a full year, you will still be responsible for the remaining contracted payments. We do not pro-rate annual subscriptions.

Done-For-You Services

You may cancel a Done-For-You service at any time. However, as stated above, all sales for such Done-for-You services are final and non-refundable. Accordingly, any charges ran prior to the cancellation of such a Done-for-You Service remain non-refundable. Accordingly, cancellation of any future Services must be made three (3) business days, as defined in these Terms of Use, before your next bill date to ensure such charges will not be ran.

Book Orders and Custom Services

Book orders and or custom services are final sale and non-refundable unless otherwise stated.

To cancel your Monthly Subscription, Annual Subscription, or Done-for-You Services, or to cancel any other service not mentioned in these Terms of Use, please call us on our main support line at 904-695-9933. We do not accept cancellations via Email, Voicemail, or SMS. All such cancellations are subject to our Refund Policy, as outlined below.

Section 11 – Refund Procedures

All sales are final unless otherwise agreed to in writing, or other mutually agreed format.

All refunds will be returned to the credit card on file with us at the time such refund is requested. In the event such credit card is no longer active, please contact us at support@authorify.com and we will determine whether to issue a refund via a mailed check on a case-by-case basis.

Except when required by law, Authorify shall be under no obligation to issue refunds under any circumstances, except those explicitly defined above in these Terms of Use.

Section 12 – Termination

This Agreement shall take effect at the time you indicate your acceptance of these Terms of Use and subsequently begin accessing, browsing, or otherwise using our Website, whether to submit information, place orders for our Services, or otherwise. All such use of our Website shall be governed by these Terms of Use, and accordingly, if, in our sole and exclusive discretion, you fail, or we suspect that you have failed, to comply with any term or provision in these Terms of Use, or violated any law, whether in connection with your use of our Content, our Services, our Website, or otherwise, we may, at any time, terminate our agreement of these Terms of Use with you and/or suspend your access to our Website.

We may, in our discretion, provide notice to you of any such termination, and, in certain instances, an opportunity to cure any such failure to comply with these Terms of Use. Such opportunity to cure shall, in no event, exceed a period of thirty (30) days. Such notice and opportunity to cure shall be expressly provided to you, and in no way does this provision indicate or otherwise imply you may be provided such an opportunity. If you are provided such an opportunity to cure, and fail to do so before the period of thirty (30) days tolls, our termination of our agreement to these Terms of Use and/or suspension of your access to our Website shall be final.

It is expressly understood and agreed that the following sections of these Terms of Use shall survive any such termination: Sections 10, through 16, 18 through 25, 27, 28, 29, 31, and 33.
Upon termination, you hereby expressly acknowledge and agree you shall remain responsible for any outstanding fees, payments, charges, and/or expenses to Authorify.

Section 13 – Dispute Procedures

If you would like to dispute a charge on the credit card on file with us, please contact us at support@authorify.com prior to disputing the charge with your Credit Card Company and/or Bank as we may be able to issue any such refunds in a more expeditious manner.

If you have any other complaint, dispute, or controversy pertaining to Authorify, our Website, or our Services and/or Content, you hereby expressly agree to contact us at support@authorify.com prior to filing or otherwise initiating any legal proceeding therefor, so we may first attempt to resolve any such complaint, dispute, or controversy timely, amicably, and without the need for any legal proceeding.

Section 14 – Proprietary Rights

Content included on or comprising the Services, including, without limitation, the published books, whether printed or digital, and any substance disposed therein, such as text, images, audio, information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) are protected by copyrights, trademarks, trade dress, patent, or other proprietary rights and these rights are valid and protected in all forms, media, and technologies existing now or later developed. Title in such Content, and any adaptions or modifications thereto, shall, at all times, remain with Authorify.

In accordance with these Terms of Use, you hereby expressly acknowledge and agree you shall not make any claim of ownership interest in any intellectual property rights, including, without limitation, patents, copyrights, trademarks, and trade dress, or any other intellectual property right not described herein, which pertains to the Content, and any adaptations, developments, or modifications thereto.

Upon and subject to these Terms of Use, and pursuant to the timely payment of any fees expressed herein or on our Website for our Services, we hereby grant to you a perpetual, non-exclusive, and non-assignable license to use of distribute our Content in any non-commercial manner. “Non-commercial,” as used herein, shall expressly restrict the use of our Content to only those uses which do not involve a transaction pertaining specifically to our Content, whether constituting a sale or otherwise. Non-commercial, however, does not refer to the use of our Content in any authorized manner, as contemplated in these Terms of Use or on our Website. This license grant shall not include the right to reproduce, copy, prepare derivative works, or otherwise use the Content in a manner not authorized in these Terms of Use. You further expressly acknowledge and agree the only rights in the Content granted by us to you are those specified in this section, and that such rights are only granted to you, and not to any third-parties. You shall have no other rights other than those granted in this section. For further information on your allowed uses of our Content, please see the section entitled “Use Restrictions” below.

The Services and Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Content contained on or comprising the Services, including without limitation any and all Content disposed within our books or book templates, is protected by copyright and is owned or controlled by us or a third party, who may or may not be credited as the provider of the Content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Services. Copying or storing any part of the Services is expressly prohibited without prior written permission from us.

“AUTHORIFY”, “SMART AGENTS”, and other trademarks and/or service marks, including any logos and designs, which are displayed on the Web Site are the property of Renegade Agent Marketing Corp. You agree not to display or use our trademarks in any manner, unless expressly authorized to do so according to these Terms of Use or any other agreement entered into between you and Renegade Agent Marketing Corp.

Elements of the Services including, but not limited to, the “look and feel” of the Services, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Services may be copied or retransmitted.

These policies and procedures apply to all Authorify products sold on this site or any other site owned by Renegade Agent Marketing Corp that includes a link to this page.

Section 15 – User Submitted Content

In accordance with our Services, we permit you to submit information, text, data, messages, images, and other materials to the Services, which may comprise, for instance, your personal identifying information, such as your name, address, or broker information, and/or customized textual sections, such as a biography and/or title, and images, such as your headshot (“Your Content”). Your Content is your sole responsibility. This means that you, and not us, are entirely responsible for all of Your Content that you upload, post, link to, email, transmit or otherwise make available via the Services. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any infringement by Your Content of the intellectual property rights of others, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Services.

We do not claim ownership of Your Content, which constitutes your own intellectual property and may comprise, without limitation, a copyrightable work. However, because we will be using Your Content in connection with our Services, you may understand that we require your permission to do so. As such, you hereby agree that, upon placing an order, you are granting us a limited and revocable license to use, reproduce, publish, and create derivative works from Your Content for the sole purpose of fulfilling your order. Upon such order’s fulfillment, the Parties agree such limited license will necessarily be terminated. Likewise, should you wish to prevent us from using Your Content at any time and for any reason, you may cancel your order and/or cancel your Membership Plan. Upon such cancellation, we will not use Your Content in any manner. This limited license does not apply to your Testimonials, for which you hereby grant us an irrevocable license, as discussed in greater detail below in Section 16.

You acknowledge that we do pre-screen Your Content, and that we do have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Services. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content. You further agree to not intentionally provide false or misleading information on the Services. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

You further acknowledge and agree, that, should you provide to us any sensitive information, including, without limitation, your social security number, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health, or financial information as a part of Your Content (“Sensitive Information”), with an indication you wish to include such information as a part of any of our Services, such as, for instance, in a physical book, we are not responsible for the subsequent printing, transmission, or distribution of such Sensitive Information. Accordingly, you acknowledge and agree it is your responsibility to ensure you do not provide such Sensitive Information, unless specifically asked to do so by us, such as, for example, the provision of your credit card information and billing address when ordering a product off our Website.

You further acknowledge we have zero tolerance for spam, unsolicited communications, and offensive communications including, without limitation, any communications (including, without limitation, emails, telephone calls, book orders, submitted information constituting Your Content, postings on social media, postings on third-party blogs, etc.) which may reasonably be deemed a material threat to Authorify’s reputation or business operations, and/or the rights of any third-parties. Such communications include, for instance, unsolicited advertisements or transactions requests, and offensive communications such as communications containing materials which are: sexually explicit, obscene, vulgar or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior. You acknowledge and agree it is expressly and exclusively your obligation to ensure all communications with Authorify comply with all applicable laws. You further acknowledge Authorify may pursue any available legal remedies upon the receipt of such spam, unsolicited communications, and/or offensive communications.

You acknowledge and agree that we may archive Your Content and use Your Content in accordance with the provisions of our Privacy Policy available at https://authorify.com/privacy.

Section 16 – Testimonials

Authorify is pleased to hear from you and welcomes your comments regarding our Services. In the event you provide such information to us, such provision shall constitute your express agreement that we may use your testimonials and/or review, in whole or in part, together with such personal identifying information, including, without limitation, your name, city, state, and/or broker information. We may, in our sole and exclusive discretion, present such testimonials and/or reviews in any form of activity relating to our Services, whether in print, online media, social media, or otherwise. Accordingly, you expressly acknowledge and understand such testimonials, reviews, and any other accompanying information, including any such personal identifying information and/or photographs, as provided to us, will be treated as non-confidential and non-proprietary and that, by providing such testimonials, reviews, and accompanying information, you are granting to Authorify a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them.

Section 17 – Protection of User Submitted Content

Authorify (or third parties acting on its behalf) may collect information related to your use of the Website and accompanying Services. Such information may include your name, email, phone number, photograph, or any other information you choose to provide. Our collection and use of all such information shall at all times conform to these Terms of Use, our accompanying Privacy Policy available at https://authorify.com/privacy, and applicable law.

Section 18 – Use Restrictions

It is strictly prohibited to modify, reuse, repost, frame, or use any of the Content of the Services including the text, images, audio, and/or video for commercial purposes. You also may not “mirror” any material contained in the Services on any other server, book, or distributable material. Further, you may not use any of the Content of the Services in connection with any third-party book or other distributable material. Any unauthorized use of any material contained in the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the Services, and to do so may subject you to legal liability. Tampering with the Services, misrepresenting the identity of a user, or conducting fraudulent or illegal activities on the site are prohibited.

Further, you expressly acknowledge and agree that any use not prohibited in these Terms of Use shall contain our specific mention, which may be satisfied through the inclusion of the Authorify name, branding, and/or information disposed on or within any product resulting from our Services.

Section 19 – No Representations or Warranties

The information and materials on the Web Site may include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Authorify makes no representations or warranties with respect to any information, materials, or graphics on the Website, our Services, or our Content, all of which is provided on a strictly “AS-IS” basis, without warranty of any kind. Further, Authorify hereby expressly disclaims all warranties with regard to any information, materials, or graphics on the Website, our Services, and our Content, including, without limitation, all implied warranties of merchant-ability, fitness for a particular purpose and non-infringement.

Further, while Authorify may make commercially reasonable efforts to ensure the accuracy of our Services and Content, we shall make no warranties and/or representations regarding any and all information, content, materials, etc. which may comprise Your Content. For the sake of clarity, we shall not indemnify nor have any liabilities with respect to any claims arising from Your Content.

Under no circumstances shall we, the site owner, or the publisher be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with the use of information or services, or the failure to provide information or services, from the Web Site. If the materials within this system do not meet the requirements of your real estate board or MLS, it is the agent’s responsibility to make any necessary alterations in order to make it comply with those requirements.

ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Section 20 – Your Representations and Warranties

You represent, warrant and covenant that you will not upload, transmit, distribute or otherwise publish through the Services any materials which: (a) restrict or inhibit any other user from using and enjoying the Services; (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) contain a virus or other harmful or potentially harmful component; (f) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) constitute or contain false or misleading indications of origin or statements of fact.

You further represent and warrant that you operate a business in good standing and that there are no prior or pending investigations or prosecutions against you or your business. Moreover, you hereby agree to only use Authorify’s Content and Services in a lawful manner.

We do not represent or warrant that every action you take with regard to your account on our Website and any related activities pertaining to our Service and/or Content will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using our Services and/or Content.

Section 21 – Copyright Notice and Takedown Procedures

We have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement on or regarding the Software or Services can be reached as follows via email at: copyright@smartagents.com

Please be advised that if you materially misrepresent that any material is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred as a result of such allegations under 17 U.S.C. § 512(f).

Section 22 – Links to 3rd Party Websites

Our Website may provide hyperlinks to third-party websites as a convenience to users of the Web Site. Authorify does not control third-party websites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Further Authorify does not endorse, recommend or approve any third-party website hyper-linked from the Web Site. Accordingly, you acknowledge and agree Authorify makes no representations and/or warranties pertaining to such third-party websites and further, that Authorify shall have no liability to any entity for the content or use of the content available through such hyperlink.

Section 23 – Indemnity

You hereby agree to indemnify, hold harmless, and defend us and all related parties from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings with arise or result from the Terms of Use, including, but not limited to, your use of the Services or Content. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of action which are brought against us and in no event shall you settle any such claim without our prior written approval.

Section 24 – No Waiver of Rights or Remedies

No failure or delay on the part of Authorify in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy under these Terms of Use. A waiver of any right or obligation under these Terms of Use shall only be effective if in writing and signed by Authorify.

Section 25 – Force Majeure

Authorify shall not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

Section 26 – Text & Voice Broadcast Marketing

If and when you provide us with your phone number, you are giving us permission to send you text messages and voice broadcasts until you unsubscribe. You agree that we may call/text you about your inquiry, which may involve the use of automated means and prerecorded/artificial voices. Message/data rates may apply. You may unsubscribe from our phone marketing at any time by simply replying “stop”. Standard text messaging rates may apply based on the subscriber’s plan with their mobile phone carrier.

Section 27 – Choice of Law

The Terms of Use will be governed by the law of the State of Florida, without regard to the conflict of law principles thereof.

Section 28 – Choice of Forum

Any dispute arising from Authorify’s conduct or offering of services, these Terms of Use, or the associated Privacy Policy (link) will be resolved in the United States District Court for the Middle District of Florida.

Section 29 – Waiver of Right to Jury Trial

Each party waives all rights to any trial by jury in all litigation relating to or arising out of these Terms of Use or the associated Privacy Policy.

Section 30 – Changes to These Terms of Use

Authorify reserves the right to change these Terms of Use at any time by posting new terms of use at this location, for which notice will be provided to you by any reasonable means at our discretion. Your continued use of our Services and/or Web Site after any such changes to these Terms of Use constitutes your acceptance of such changes. If you do not agree to any changes to these Terms of Use, you must not use our Services and must immediately cancel your membership plan and/or subscription.

These Terms of Use were last updated on March 30, 2020.

Section 31 – Severability

If any provision of these Terms of Use, whether currently stated or hereafter modified, is held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or enforceability of any other provision of the Terms of Use.

Section 32 – Earnings & Income Disclaimer

Authorify cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our web sites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional adviser before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

Section 33 – Entire Understanding

These Terms of Use, and any other terms, documents, and/or agreement incorporated herein, represent the entire understanding between you and Authorify regarding the subject matter herein. To the extent there are any conflicts between these Terms of Use or any other agreement and/or understanding between you and Authorify, it is expressly agreed these Terms of Use shall be controlling over any such conflicts, unless explicitly and unequivocally stated, in writing, in an alternative agreement.