NONE OF THE CREATEYOURSELF.COM, LLC, ITS OWNERS (EXPRESSLY INCLUDING BUT NOT LIMITED TO DR. GORDON JONES), OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS (ALL COLLECTIVELY HEREINAFTER REFERRED TO AS "CREATEYOURSELF.COM") ARE STRATEGY ADVISERS AND NOTHING CONTAINED HEREIN IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.
"CREATEYOURSELF.COM IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. CREATEYOURSELF.COM EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED IN THE WEBSITE IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. THE INFORMATION ON THE WEBSITE SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING SECURITIES OR OTHER INVESTMENTS.
YOU HEREBY UNDERSTAND AND AGREE THAT CREATEYOURSELF.COM DOES NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND THAT YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED HEREIN."THIS REPORT IS NOT INTENDED AS A PROMOTION OF ANY PARTICULAR PRODUCTS OR INVESTMENTS AND NEITHER CREATEYOURSELF.COM NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, IN ANY WAY RECOMMENDS OR ENDORSES ANY COMPANY, PRODUCT, INVESTMENT OR OPPORTUNITY WHICH MAY BE DISCUSSED HEREIN.
THE EDUCATION AND INFORMATION PRESENTED HEREINEN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR.
YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CREATEYOURSELF.COM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CREATEYOURSELF.COM DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. CREATEYOURSELF.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED HEREIN.
CREATEYOURSELF.COM MAY DERIVE FEES OR OTHER COMPENSATION AS A RESULT OF PURCHASES FROM SERVICE PROVIDERS OR VENDORS REFERENCED IN THIS MATERIAL.
CREATEYOURSELF.COM WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF CREATEYOURSELF.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CREATEYOURSELF.COM TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO CREATEYOURSELF.COM FOR THE INFORMATION, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE .
UNDER NO CIRCUMSTANCES WILL CREATEYOURSELF.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED HEREIN. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
DR. GORDON JONES, A SPOKESPERSON OF CREATEYOURSELF.COM, COMMUNICATES CONTENT AND EDITORIALS ON THIS SITE. STATEMENTS REGARDING HIS, OR OTHER CONTRIBUTORS' "COMMITMENT" TO SHARE THEIR PERSONAL INVESTING STRATEGIES SHOULD NOT BE CONSTRUED OR INTERPRETED TO REQUIRE THE DISCLOSURE OF INVESTMENTS AND STRATEGIES THAT ARE PERSONAL IN NATURE, PART OF THEIR ESTATE OR TAX PLANNING OR IMMATERIAL TO THE SCOPE AND NATURE OF THE CREATEYOURSELF.COM EDUCATIONAL PHILOSOPHY.
I want to begin acknowledging that I have learned what I know from all those whom I have read before me. I apologize if anyone “sees” their work within mine but I hope you will take it as a compliment. I have made every attempt to attribute ideas and specific quotes as best as possible.
However, and as my “Where Do Ideas Come From” speech emphasizes, there is no such thing as a truly new idea or phrase of thought. Even our nation’s favorite author, Sam Clemons as Mark Twain, stated in a letter to Helen Keller where he was reflecting on an incident years earlier when she had been charged – and acquitted – of plagiarism:
“Oh, dear me, how unspeakably funny and owlishly idiotic and grotesque was that ‘plagiarism’ farce! As if there was much of anything in any human utterance, oral or written, except plagiarism! For substantially all ideas are second-hand, consciously and unconsciously drawn from a million outside sources, and daily used by the garner with a pride and satisfaction born of the superstition that he originated them; whereas there is not a rag of originality about them anywhere except the little discoloration they get from his mental and moral caliber and his temperament, and which is revealed in characteristics of phrasing. When a great orator makes a great speech you are listening to ten centuries and ten thousand men — but we call it his speech, and really some exceedingly small portion of it is truly his. (Mark Twain’s Letters, Vol. 2 of 2”)
Since I most likely “rephrased” or "curated" or "reimagined" everything written herein from someone that has created a thought, generated an idea, written or spoken a word over the past 10,000 years of human existence, I prefer to call myself the Curator and Editor of this body of knowledge in which you are reading or listening rather than author.
Terms and Conditions
The terms and conditions described herein are a part of the legal Agreement between the subscriber ("you"), and Createyourself.com™ ("Createyourself.com"), governing the provision of Createyourself.com™ Services. By using, installing, or otherwise signing up for the Createyourself.com™ services, you accept Createyourself.com's™ Terms and Conditions of Use and understand that Createyourself.com™ is simply a website to learn and develop yourself and your business.
Your agreement with Createyourself.com™ includes these Terms and Conditions of Use and applicable supplemental terms and conditions for other services (collectively, the "Agreement").
Please read this Agreement carefully. The Agreement covers important information about Createyourself.com™ services provided to you. This Agreement details subscription fees, late payment penalties, limitations of liability, disclaimer of warranties, privacy policies, and the handling of dispute resolution. To the extent this Agreement conflicts with any other terms and conditions you may have received from a third party provider or otherwise, the terms of this Agreement apply. No alterations or modifications of this Agreement made by you are binding on Createyourself.com™ without the prior written consent of Createyourself.com's legal department.
You represent that you are at least 18 years old. If you represent an organization, you warrant that you are authorized to act on the organization’s behalf. You agree to pay all access and usage charges, taxes, fees and other charges billed to you or that were accepted or processed through your online device ("Charges"). You may designate others to manage or make changes to your Createyourself.com™ account ("Authorized User"). You and Authorized Users will have access to all available account information. Authorized Users can access and make changes to your account on your behalf. Authorized Users are bound by this Agreement, and you warrant, represent, and agree that you will be responsible for the actions of all Authorized Users on your account. Changes made by you or an Authorized User may result in acceptance of a new minimum term and/or a new agreement.
Your agreement with Createyourself.com™ starts when you accept. You accept by doing any of the following: (a) giving Createyourself.com™ a written or electronic signature, or indicating your acceptance on or through Createyourself.com’s™ website; (b) activating Service; or (c) using your Service after you make a change or addition; (d) paying for the Service.
2. THE SERVICE
Createyourself.com™ is a patent pending Mobile and Web application for anyone wishing to vet out their business ideas or learn, grow, and development themselves via the Createyourself.com™ process. The Createyourself.com™ app includes a social media capability to coordinate master mind groups, coaches and advisors with subscribers.
3. YOUR RIGHTS AND RESPONSIBILITIES
3.2 Sharing Your Content and Information
You own all of the content and information you post to Createyourself.com ™, and you can control how it is shared through your privacy and application settings. In addition:
For content that is governed by intellectual property rights, like photos and videos ("IP Content"), you specifically give Createyourself.com™ the following permission, subject to your privacy, and application settings: you grant Createyourself.com™ a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with Createyourself.com™ ("IP License") outside of the parameters of the Confidentiality Agreement.
When you use one of the Createyourself.com™ applications, your content and information is shared with Createyourself.com™. We respect your privacy, and your agreement with that application will Createyourself.com™ controls how Createyourself.com’s™ applications can use, store, and transfer that content and information.
When you publish content or information within the group setting, it means that you are allowing everyone in that group, to access and use that information, and to associate it with you (i.e., your name and profile).
We always appreciate your feedback or other suggestions about Createyourself.com™, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
You will not send or otherwise post unauthorized commercial communications (such as spam) on Createyourself.com™.
You will not collect users' content or information, or otherwise access Createyourself.com™, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Createyourself.com’s™ permission.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on Createyourself.com™ without Createyourself.com’s™ prior written consent. If we consent, you take full responsibility for the promotion, and will follow Createyourself.com’s™ Promotions Guidelines and all applicable laws.
You will not use Createyourself.com™ to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of Createyourself.com™, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
3.4 Registration and Account Security
You will not provide any false personal information on Createyourself.com™, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without Createyourself.com’s™ permission.
You will not use your personal profile for your own commercial gain.
You will not use Createyourself.com™ if you are under the age of 18 without your parents’ permission, and you will not use Createyourself.com™ Services under any circumstance if you are under the age of 13.
You will not use Createyourself.com™ if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password giving anyone access to your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting Createyourself.com’s™ written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
3.5 Illegal, Infringing, or Undesirable Content
You will not post content or take any action on Createyourself.com™ that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Createyourself.com™ if we believe that it violates this Statement.
If you feel your intellectual property rights have been infringed upon, you are required to report the claim to Createyourself.com™ immediately.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use Createyourself.com’s™ copyrights or trademarks or any confusingly similar marks, without Createyourself.com’s™ written permission.
You will not post anyone's identification documents or sensitive financial information on Createyourself.com™.
You will not tag users or send email invitations to non-users without their consent.
3.6 About Advertisements and Other Commercial Content Served or Enhanced by Createyourself.com
You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give Createyourself.com™ permission to use your name and profile picture in connection with that content, subject to the limits you place.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
4. MOBILE DEVICES
4.1 Compatibility with Other Networks
You may use a Mobile Device to access Createyourself.com™, but you are responsible for ensuring the Mobile Device is compatible with, and not potentially harmful to, Createyourself.com’s™ or any other network. Some Createyourself.com™ features may only be available on certain Mobile Devices. At times Createyourself.com™ may change software, applications or programming remotely and without notice, and this could affect your stored data or the way you use your Mobile Device. The Createyourself.com™ Services may only be associated with a single Mobile Device at a time.
4.2 Service Availability
Coverage maps of your network provider only approximate anticipated wireless coverage area outdoors. Createyourself.com’s™ actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including your network provider’s wireless coverage areas, network capacity, terrain and weather. You agree we are not liable for problems relating to Service availability or the quality of your wireless coverage that may negatively impact Createyourself.com’s™ Services.
4.3 Mobile Device Miscellaneous
We currently provide Createyourself.com’s™ mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data exchange fees, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on Createyourself.com™ within 48 hours to ensure that your messages are not sent to any unintended recipient. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Createyourself.com™, as well as your name and profile picture.
4.4 Misuse of Service or Mobile Device
You agree not to misuse the Service or any Mobile Device, including: (a) reselling or rebilling Createyourself.com’s™ Service; (b) using the Service or Mobile Device to engage in unlawful activity, or engaging in conduct that adversely affects Createyourself.com’s™ customers, employees, business, or any other person(s), or that interferes with Createyourself.com’s™ operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying your Mobile Device; (d) engaging in other abusive or unsolicited communications; (e) reselling Services for profit, or tampering with, reprogramming or altering Createyourself.com’s™ Services; or (f) assisting or facilitating anyone else in any of the above activities. You agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms Createyourself.com™, which cannot be fully redressed by money damages, and that Createyourself.com™ shall be entitled to immediate injunctive relief in addition to all other remedies available.
5. CREATEYOURSELF.COM’S RIGHTS TO LIMIT OR END SERVICE OR THE AGREEMENT.
CREATEYOURSELF.COM MAY LIMIT, SUSPEND OR TERMINATE SERVICE OR THIS AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION. Createyourself.com™ may impose credit limits, usage or other limits to your Service, suspend your Service, in Createyourself.com’s™ sole discretion and without notice. This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the actions not permitted under this Agreement, including but not limited to failing to pay your bill when due, in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in Createyourself.com’s sole discretion. If your service or account is suspended or terminated and then reinstated, you may be charged a reactivation fee.
6. INTELLECTUAL PROPERTY
You agree not to infringe, misappropriate or injure the intellectual property rights of Createyourself.com™ or any third party associated with the Services or the Mobile Device. Except for a limited license to use the Services or Mobile Device arising from the sale of a product, your purchase of Createyourself.com™ Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Createyourself.com or others related to the Mobile Devices and Services. You may only use the intellectual property of Createyourself.com™ in connection with Createyourself.com Service™, unless expressly authorized by Createyourself.com™ in writing. You agree that a violation of this section harms Createyourself.com™, which cannot be fully redressed by money damages, and that Createyourself.com™ shall be entitled to immediate injunctive relief in addition to all other remedies available. You agree that you have the right, title, and license to anything you upload to the Createyourself.com™ website, and you will defend, indemnify, and hold Createyourself.com™ harmless for all infringement claims arising out of material you post on the website.
7. PRIVACY INFORMATION
8. DISCLAIMER OF WARRANTIES.
EXCEPT FOR ANY WRITTEN WARRANTY PROVIDED DIRECTLY TO YOU BY CREATEYOURSELF.COM™, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INTERACTIVE DEVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. CREATEYOURSELF.COM™ MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. CREATEYOURSELF.COM DOES NOT WARRANT THAT THE INFORMATION, PROCESSES, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, BUG- OR ERROR-FREE. CREATEYOURSELF.COM™ DOES NOT MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING ITS SERVICES, INCLUDING TIMELY OR EFFECTIVE EMERGENCY SERVICES, AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF. THIS DOES NOT DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, CREATEYOURSELF.COM™ AND ITS SERVICE PROVIDERS, INCLUDING, IF APPLICABLE, THE EMERGENCY SERVICE PROVIDER AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF CREATEYOURSELF.COM™ SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE SERVICES) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES.
IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF CREATEYOURSELF.COM AND ITS SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY YOU.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
You agree to defend, indemnify, and hold Createyourself.com™ harmless from any claims arising out of use of the Service or any Mobile Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service.
11. ENFORCEABILITY AND ASSIGNMENT
A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce Createyourself.com’s™ rights under any provisions of the Agreement, we may still require strict compliance in the future. If any part of the Agreement is held invalid, that part may be severed from the Agreement. You may not assign the Createyourself.com™ Service, this Agreement, or any of your rights or duties under this Agreement without Createyourself.com’s™ written consent. Createyourself.com™ may assign all or part of the Agreement or your debts to Createyourself.com™ without notice. The Agreement is the entire agreement between you and Createyourself.com and defines all of the rights you have with respect to your Service or Mobile Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. If you purchase a Mobile Device, services, or content from a third party, you may have a separate agreement with the third party; and in no event will Createyourself.com™ be considered a party to that agreement. The original version of this Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by Createyourself.com™ pursuant to this Agreement, shall be in Createyourself.com’s™ sole reasonable discretion.
12. BILLING AND SERVICE TERM
You may be billed for Services (i) in one lump sum prepaid payment for a specified term or (ii) on an annual basis spread over the term of the Agreement. Billing for the Services may be directly through Createyourself.com™ or through a third party provider. Based upon how you are billed for Services, one or more the following provisions apply to you and your Createyourself.com™ account.
12.1 Annual Billing Directly
You may access billing details on Createyourself.com’s™ website at www.GuardianWatch.com. If your Amount Due differs from the amount stated on your Payment Reminder, you must pay the Amount Due as stated on www.GuardianWatch.com to continue Service. If you do not pay the Amount Due by the date on your Payment Reminder, your monthly Services will not be available. If you pay after the date on your Payment Reminder, the Amount Due will be prorated for the number of days remaining in your Service cycle. If you partially pay, your Services will not be available until your partial payment is equal to or greater than the prorated charges for Service for the remaining days in your Service cycle. To start Services during the last five days of the Service cycle, you must pay for those days plus the Amount Due for the following Service cycle. If you do not pay that full amount, then your payment will be applied as a partial payment toward the Amount Due for the next month’s Service cycle.
12.2 Your Term of Service and Termination Fees
You agree to maintain Service with Createyourself.com™ for your minimum term (Term) specified in your Agreement. Periods of suspension of Service do not count toward your Term. After your Term, you will become a year-to-year customer. EXCEPT FOR YEAR-TO-YEAR CUSTOMERS, AN EARLY TERMINATION FEE WILL APPLY IF YOU CHOOSE TO END YOUR SERVICE BEFORE THE END OF YOUR TERM, OR IF WE TERMINATE IT EARLY.
12.3 Cancellation and Returns
You cannot cancel your Service without paying an Early Termination Fee. If you activated your Service through an authorized Createyourself.com™ dealer, the dealer’s return policy may require additional fees to be paid.
12.4 Billing & Credit Checks
We will send you a bill that summarizes your Charges; you may review your bill details on Createyourself.com’s™ website at www.Createyourself.com or, at your request and for an additional charge, we will provide detailed bills. You agree to provide Createyourself.com with accurate and complete billing information and to report all changes within 30 days of the change. You may be billed additional Charges or fees for certain features and services such as concierge services. Credit Checks: You authorize Createyourself.com to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You authorize Createyourself.com™ to report your payment record to credit-reporting agencies.
12.5 Payments, Late Fees & Deposits
If we do not receive payment in full by the due date on your bill, you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5/month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive Createyourself.com’s™ right to collect all amounts that you owe, including late fees. If your check is dishonored or returned, we may charge you up to $20, require another payment method, and/or immediately suspend or cancel your Service. We will not honor and you agree that we will not be bound by limiting notations you make on or with your checks.
12.6 Taxes and Fees
You agree to pay all taxes, fees, and surcharges (Taxes & Fees) imposed by the government. We may not always give advance notice of changes to these items. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use (PPU). If you did not identify the correct PPU, or provided Createyourself.com™ with an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default PPU.
12.7 Prepayment for Createyourself.com™ Services
As an alternative billing method that may be used by Createyourself.com™ or a third party provider, you may be required to pay a lump sum amount up front for the entire term of the Agreement. In such event, Services will not be effective until payment has been received by Createyourself.com or the applicable third party provider. Service will be suspended if your payment is dishonored or returned. The charges for Service and the expiration period for your prepaid account balance may vary; see www.Createyourself.com for more information. Prepaid Service is non-refundable (even if returned during the return period), and no refunds or other compensation will be given to you.
13. VOLUNTARY SUSPENSION
We may (but are not obligated to) allow you to voluntarily suspend Services and any amounts in your Annual Account or unused Allotments will not be refunded or credited. Upon voluntary suspension, your Services will no longer be available for use.
14. MISCELLANEOUS PROVISIONS
14.1 Notices and Customer Communications
You may contact Createyourself.com’s™ Customer Care department at www.GuardianWatch.com. Notices from Createyourself.com™ to you are considered delivered when we send them to your Mobile Device or by email or fax to any email or fax number you provide to Createyourself.com™, or three (3) days after mailing to your billing address. For multi-line accounts, a Primary Telephone Number may be assigned to your account for the purpose of receiving notices from us, as well as for other purposes. Written correspondence should be sent to 1030 Stevens Creek Road, Augusta, GA 30907. Notices from you to Createyourself.com™ are considered delivered when you send an email or 3 days after mailing to the address above.
We can change this Statement if we provide you notice (by posting the change on the Createyourself.com™ Site Governance Page) and an opportunity to comment. For changes to sections relating to payments, application developers, website operators, and advertisers, we will give you a minimum of three days’ notice. For all other changes we will give you a minimum of seven days’ notice. Usersvoice comments on the proposed change gives you the opportunity to participate in a vote in which you will be provided alternatives. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
You will resolve any claim, cause of action or dispute ("claim") you have with Createyourself.com™ arising out of or relating to this Statement or Createyourself.com™ exclusively in a state or federal court located in Richmond County, Georgia. The laws of the State of Georgia will govern this Agreement, as well as any claim that might arise between you and Createyourself.com™, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Richmond County, Georgia for the purpose of litigating all such claims.
If anyone brings a claim against Createyourself.com™ related to your actions, content or information on Createyourself.com™, you will defend, indemnify, and hold Createyourself.com harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
We try to keep Createyourself.com™ running as continuously and as error-free as possible, but you use it at your own risk. We are providing Createyourself.com™ "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Createyourself.com™ will be safe or secure. Createyourself.com™ is not responsible for the actions, content, information, or data of third parties, and you release us, Createyourself.com’s™ directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Createyourself.com's™ liability will be limited to the fullest extent permitted by applicable law.
14.4 Legal Fees and Costs
If Createyourself.com is the substantially prevailing Party in any litigation or arbitration concerning this Agreement of Createyourself.com™ Services, Createyourself.com™ shall be entitled to recover its reasonable attorneys’ fees and litigation costs and expenses including expert witness fees.
14.5 Binding on successors
This Agreement is binding on the parties to this Agreement and their heirs, assigns and successors in interest. By accepting this Agreement, you and your owners will be jointly and severally liable for the performance of the obligations set forth herein.
14.6 Entire Agreement
There are no other oral or written understandings or agreements between the Parties regarding the subject matter of this Agreement, provided that nothing in this Agreement or in any related agreement is intended to disclaim the representations we made in any franchise disclosure document we delivered to you in connection with this Agreement.