Always On — Terms of Service

General

This website (the "Site") is owned and operated by Always On, a service of The Magneto Effect LLC ("Always On," "we," or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Always On. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

SMS / Text Messaging Terms

By providing your phone number and opting in through our website or forms, you consent to receive text messages from Always On related to your account, scheduling, lead follow-up, and service updates. Message frequency may vary. Message and data rates may apply. Consent to receive text messages is not a condition of purchasing any goods or services. You may opt out of text messages at any time by replying STOP, or get help by replying HELP. We are not liable for delayed or undelivered messages, or for any carrier fees associated with text messages. Text messaging opt-in data and consent are not shared with third parties for marketing purposes; see our Privacy Policy for details.

Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including, without limitation, comments, reviews, testimonials, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text, deliver, or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that Always On has the right but not the obligation to use and display any postings or contributions of any kind and that Always On may elect to cease the use and display of any such materials (or any portion thereof) at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Always On. Neither Always On nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Always On neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized Always On representative acting in their official capacity.

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY ALWAYS ON AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

You agree at all times to defend, indemnify, and hold harmless Always On, its affiliates, their successors, transferees, assignees, and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Purchases and Billing

Certain sections of the Site may allow you to sign up for or purchase Always On's marketing services on a one-time or recurring monthly basis. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial-resale purposes only, and to only purchase services for yourself or for a business you are authorized to represent.

If payment for a recurring service is declined, your access to that service may be automatically paused. This usually happens because a card has expired or a payment method needs updating. We will make reasonable efforts to contact you to help resolve the issue, and access will be restored once billing is resolved.

You may cancel a recurring service at any time in accordance with the cancellation terms provided to you at signup; cancellation stops future billing but does not entitle you to a refund of amounts already charged unless otherwise stated in the specific offer.

Interactive Features

This Site may include features such as contact forms, comments, reviews, or email communications that allow feedback to us and interaction with our team. Responsibility for what is submitted through these features lies with each user — you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, without first obtaining permission from the owner or rights holder.

Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.

Gather for marketing purposes any email addresses, phone numbers, or other personal information that has been posted by other users of the Site.

Always On has no obligation whatsoever to monitor any content or submissions on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion, and we reserve the right to alter, edit, refuse to post, or remove any content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request, and to protect ourselves, our clients, and our users.

Registration

To access certain features of the Site, we may ask you to provide information such as your name, business name, email address, and phone number. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration or signup forms. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you may need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.

ALWAYS ON PROVIDES MARKETING AND CLIENT-ACQUISITION SERVICES FOR CONTRACTORS AND DOES NOT GUARANTEE ANY SPECIFIC LEVEL OF LEADS, SALES, REVENUE, OR BUSINESS RESULTS. THIS SITE AND OUR MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES, AND NO REPRESENTATION IS MADE AS TO FUTURE INCOME, SALES VOLUME, OR PROFITABILITY THAT MAY RESULT FROM USE OF OUR SERVICES.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liability set forth in these Terms of Service, shall survive.

Refund Policy

Your purchase of a product or service may or may not provide for a refund. Each specific product or service will specify its own refund policy at the time of purchase.

Other

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Always On infringe your copyright, you or your agent may send Always On a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Always On actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Always On a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Always On's designated contact for notices of claims of copyright infringement or counter-notices can be reached at: [email protected].

This Agreement shall be binding upon and inure to the benefit of Always On and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned by you without the prior written consent of Always On. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Always On to any affiliated entity or any of its wholly owned subsidiaries. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, and any dispute shall be subject to binding arbitration in Clark County, Nevada, USA. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

If you have any questions or concerns regarding these Terms of Service, please direct them to: [email protected].