Last Revised Jan 27,2017
Welcome to the Member Agreement. This is a legal agreement between you and June Pawlowski, doing business as June Edward and herein after referred to as "June" If June accepts your Member Sign-up Form, you will become a "Member" having access to the Facebook Site, and My Advisor Services only under the policies, terms and conditions below.
YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON THE REGISTRATION PAGE, BY USING THE SITE (AS DEFINED BELOW) AND ANY ADVISOR SERVICES (AS DEFINED BELOW) INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER, OR BY POSTING ANY LISTINGS ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT AND YOU ARE BOUND IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND ADVISOR SERVICES IS SUBJECT TO THE TERMS OF THIS MEMBER AGREEMENT AND THE POLICIES, RULES, TERMS AND INSTRUCTIONS ON THE SITE OR INCORPORATED HEREIN ARE PART OF THIS MEMBER AGREEMENT. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS MEMBER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND ADVISOR SERVICES. IF YOU DO NOT ACCEPT THIS MEMBER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ADVISOR SERVICES.
The policies, terms and conditions below limit June's liability and obligations to you and allow June to change, suspend or terminate your access to and use of the Site and Advisor Services at any time at June's sole discretion. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into this Member Agreement by reference and provide additional terms and conditions: To the extent that there are any conflicts between the terms or conditions in such policies and this Member Agreement, the terms and conditions of the Member Agreement shall govern.
1. Eligibility to use the Site and Advisor Services is limited.
The Site and Advisor Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Advisor Services are not available to temporarily or indefinitely suspended Members. Also, you shall also not use this Site if your use is prohibited by the trade laws of the United States or any other country.
2. You consultations with the Advisor Services are at your own risk.
(a) June does not make editorial or managerial decisions for members. June does not control, nor is she responsible for, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written to Members, including without limitation any information contained in Advisor listings or made available through the Facebook Site. The Site is not intended for use as a payment service to exchange goods. June is not responsible for the use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Advisor Services. June prohibits disclosure of personal contact information to other Members, to protect the identity of members. If you do, you do so at your own risk.
(b) June does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information, or other products or services provided by Herself or Members, or any specific Member, and nothing shall be considered as a referral, endorsement, recommendation or guarantee by June. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Advisor Services. Members, who initiate, receive and/or discontinue use of the Advisor Services do so entirely at their own risk, and June bears no responsibility in this regard.
(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with the Services, you hereby waive all claims against and release June from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advisor Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" Residents of other states and jurisdictions waive their rights under analogous laws, statutes or regulations.
3. June may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) June reserves the right in her sole discretion and without notice to modify or discontinue the Site and/or modify the terms and conditions of this Member Agreement and incorporated rules and policies, and you agree to be bound by any such modifications. Any modifications will be effective immediately. We may choose to notify you by email regarding significant modifications. If any modification is not acceptable to you, your only recourse is to cease using the Site and Advisor Services. By continuing to use the Site or any Advisor Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.
(b) Without limiting other remedies, June may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, June may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if June suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by June; (ii) if June is unable to verify or authenticate any billing or payment information you provide to June; or (iii) if June suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, or the Site. You have the right to cancel your membership after a six month period, by emailing [email protected]"Cancel Account" in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to June. 30 day notice to cancel, prior to renewal, is required. You are allowed to cancel within 24 hours of signing the agreement, after the first reading, if you so choose.
4. June’s limited role.
As an Advisor, I am not an employee, agent or contractor, and you shall not represent that I am any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Advisor Services. June accepts no responsibility for reporting to law enforcement agencies any threats made by Members to harm themselves or third parties or take any illegal action, however they may be contacted, if it seems necessary.
5. You are solely responsible for the use of your Member account and agree to the following fee and payment terms:
(a) The rates for Advisor Services are as set forth. The monthly fee is $1000.00 (one thousand dollars) This entitles you, as the member, to 4 (Four) 30 minute private sessions per month, by skype or phone. It also entitles you to unlimited access to the Closed Member Facebook Group Question and answer forum. The contract term is for six months, and will automatically renew if not cancelled 30 days prior to the renewal in writing. Additional time can be bought on a session by session basis, at $250 per30 min. session. You authorize June, directly or through third parties, to make any inquiries we consider necessary to validate your Member account and/or listing information. This may include performing other credit checks or otherwise verifying the information you provide.
(b) You agree not to allow non-Members to use your Member account. You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate (i) non-Members to have access to or use of the Site or Advisor Services in any manner without first becoming Members and (ii) simultaneous use of Advisor Services by others with you.
(c) You are solely responsible for all use made of the Site and Advisor Services under your password and Member account and agree to pay for all Advisor Services purchased using your password and Member account information. You agree that June is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password.
(d) Based on Member account use and other factors identified by June in her sole discretion, June may verify your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide June with additional information that may be requested; you consent to June’s disclosure of your personal information to third-party service providers in order to verify your credit, identity. All conversations, information, and personal information will be kept private to the highest degree of integrity for the member. Any classified or personal information that is divulged will be held in the strictest of confidence.
6. In using or accessing the Site or Advisor Services, you agree to comply with the following:
(a) You (as a Member receiving Advisor Services) will not record or otherwise copy or store any live or pre-recorded voice call or Chat that you receive through the Site. I (as an Advisor providing Advisor Services) will not record or otherwise store any voice call I conduct with a Member.
(b) I will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
(c) You will not use the Site to conduct or transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable communications or material of any kind. You will respect the privacy of others and will not (i) attempt to obtain the personal contact information (including usernames and IDs on other communication platforms) of another Member or (ii) divulge your personal contact information (including usernames and IDs on other communication platforms) to another Member.
(h) You will not attempt to harm, disrupt or gain unauthorized access to the computer systems or networks associated with the Site or another Member's computer or device.
(i) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
(j) You will only use payment methods for which you are the authorized user. You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to June. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
7. June disclaims any warranties or representations regarding the Site and Advisor Services.
THE SITE AND ANY ADVISOR SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. ADVISOR SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, JUNE MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL BE ERROR FREE. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
8. June’s liability for your access to and use of the Site and Advisor Services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL JUNE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR ADVISOR SERVICES, WHETHER OR NOT JUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY JUNE FROM YOU IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) TWO HUNDRED DOLLARS ($200). JUNE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY JUNE, AND HER EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF ADVISOR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED.
9. Carrier Transactions and Charges.
Your dealings with any wireless, telecommunications, or other carrier ("Carrier") in connection with accessing the Site and the use or provision of Advisor Services, including payment for usage charges, participation in any promotions offered by any Carrier and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier.June is not responsible for any such Carrier dealings or promotions.
Any controversy or claim arising out of or relating to this Member Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, June, the Member, or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
11. Electronic Records.
You consent to the use of (a) electronic means to complete this Member Agreement, to use the Site and Advisor Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of the Site.
If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. June’s failure to act with respect to a breach by you or others does not waive June's right to act with respect to subsequent or similar breaches. The failure of June to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Member Agreement and any dispute arising between you and June shall be governed by and interpreted in accordance with the laws of the State of Massachusetts. You agree that this Member Agreement and the Member rules and restrictions and policies contained herein, and June’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and June. This Member Agreement together with the rules and policies of June constitutes the entire agreement between June and you with respect to the subject matter hereof.