This agreement is in effect as of Sep 19, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
Iii. Contains any type of unauthorized or unsolicited advertising.
Iiii. Impersonates any person or entity, including any www.solochecker.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Profit Convergence, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Profit Convergence, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Profit Convergence, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Should you need support or assistance in any way, please contact our Support Desk. Support requests received in any other form will not be directed to our support team, and therefore we will be unable to respond to them.
We offer Trial Membership for our Buyer and Seller memberships, which may be withdrawn at any time, without notice. We also reserve the right to terminate your Membership with Solochecker at any point within the trial period, if you are found to be in breach of our Terms of Service.
Trial memberships are only available for new members. If you have previously had an open account with us, and wish to join as a paid member, you will be required to purchase a membership at a regular price. Only one trial membership may be purchased per individual.
Our Trial Memberships will have a discounted period (normally 7 days), afterwhich they will automaticlly upgrade to the monthly membership, for the membership package you were trialing. Automatic upgrades to our paid monthly accounts will take place after the trial period has finished. Trial Memberships begin when you first make the payment for your Trial Membership, and not when you begin using our service.
Should there be additional steps included (for example, providing us with ID for a Trial Seller Membership) your Trial Membership will also begin from the moment you have paid for the Trial Membership.
To keep our marketplace free from dishonest sellers, all sellers will be required to send us proof of their identity before their membership will be activated. Should there be a delay with sending ID or any other information required, this will not extend your Trial Membership in any way. Should you fail to provide us with your ID, your membership will still automatically rebill for the next month. If you do not wish to provide ID, please advise our support desk, so we may cancel your membership and future payments.
We do not provide refunds for Trial Memberships, unless our service is unavailable.
If you would like to cancel your Trial Membership before you are automatically billed for your next months membership, please ensure you contact our Support Desk in good time (12 -24 hours before your trial ends), so we can action your cancellation request, and cancel your future payments.
Alternatively, if you do leave it too late for our support team to action, you can manually cancel your billing agreement with JVzoo directly within your Paypal account, to do this go to:
My Profile > My Money > My Pre-Approved Payments > Pre-Approved Payment Plans
From there, you can cancel your payment plan with JVzoo, which will stop any future payments. If you do this, please contact our Support Desk to inform us, so we can cancel your membership.
Failure to contact us in good time or manually cancel your JVzoo payment plan could lead to you being billed for your next months membership. All membership payments are non-refundable, as per our Refund Policy below.
Request For Formal Identification
In order to keep our marketplace safe and secure, we may, at any point request that you provide Formal Identification, in order for us to verify that your membership has been setup with your correct information.
All sellers will be required to produce two forms of Formal Identification before we activate their memberships. The name on your Formal Identification must match your Solochecker Membership Name. If we have reason to beleve that your Formal Identification may be false or fabricated, we reserve the right to ask for additional Formal Identification.
In certain circumstances, and solely at our discretion, we may allow Solo Ad Sellers to change their name to their business name, or Solo Ads Trading name they have previously conducted business under. We cannot make any guarantees that all Sellers who request this be accepted, as there are many factors involved. Once a decision has been made, it will be final.
If you have created a new (unactivated) membership, and should you not be able to produce Formal Identification, we will refund your membership payment.
Review / REP System
To keep things fair between buyers and sellers, before placing feedback for one another, please make sure you have communicated with each other via the Order Wall if there was any problems with the Solo Ad order. If negative reviews are left without trying to resolve the issue via the Order Wall, they will be removed upon request.
Sellers are expected to:
1. Complete all orders once they have finished delivering the traffic to the buyer
2. Provide the buyer with a click report (via the Order Wall), showing they have completed the order
3. Leave their feedback for the buyer
Buyers are expected to:
1. Make contact with the seller via the Order Wall, if there was a problem with the order in any way
2. Try to resolve any issues with the seller before posting negative feedback
3. Leave fair and accurate feedback for the seller. Feedback should include a comment explaining how well the order went.
We reserve the right to remove any review which had not met these guidelines, or if we feel the review is unfair in any way. Review removal can be requested by contacting our support desk; we will then look into the review and make a decision as to whether we believe it was fair/unfair.
Misuse Of Review / REP System
Any seller found to be:
A. Trying to manipulate their REP in any way
B. Requesting that they be given full points for their reviews
C. Any other form of unethical activity in an attempt to 'game' the solochecker review system
We reserve the right to:
1. Suspend the sellers membership without further notice
2. Reset the sellers reviews and REP
3. Permanently terminate seller membership with Solochecker
Once any of the above action has been taken, it will be considered final, and will not be reversed.
We also reserve the right to suspend a sellers solo ads from appearing in our marketplaces, if the seller is not:
1. Completing all orders once they have finished delivering the traffic to the buyer
2. Providing the buyer with a click report (via the Order Wall), showing they have completed the order
3. Leaving their feedback for the buyer
If we, or our system takes this action against your seller account (suspends your solo ads), you will receive a notice when you log into our website, that you are in non-compliance with our website Terms of Service, and will be able to take the necessary action to put your account back within good standing.
If you do not take the corrective measures necessary, and are unable to sell any solo ads due to your offers being suspended, no refund of your membership will be due. These rules are in place to keep Solochecker a fair and transparent marketplace, please respect this, and conduct your business accordingly.
Disputes Between Buyers and Sellers
If you experience a problem with a Solo Ad order, we recommend that you contact the Solo Ad Seller via the Order Wall to reach an amicable solution. If you are unable to reach a solution this way, please open a dispute against the seller.
It's important that Solo Ads Sellers try to resolve any disputes which may be filed against them. Any Seller who is not responding to disputes, or has an unacceptable number of disputes could have their account limited. If we take the action to limit your account due to a dispute issue, you will still be able to communicate with your customers to reach a resolution, however, during this time, your account is limited, and you will not be able to make any further sales on Solochecker.
Once the dispute has been resolved, the buyer will need to contact our Support Desk to request that the dispute be resolved..
User Profile Images
If you intend to use a Profile Image there are a few rules we have in place:
1. The image must be a photo of you or a suitable character avatar (head/shoulder image only)
2. The image must not be indecent or in any other way offensive
3. You are not allowed to use any words/branding/domains in your profile image
All profile images will be reviewed, and if for any reason we deem yours to be unsuitable, or in breach of any of the the above rules, it will be removed, and you will be notified via email.
All content and materials available on www.solochecker.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Profit Convergence, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Profit Convergence Inc.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. If your account has been suspended or limited by us for any reason, your membership payments will continue as per the payment schedule you agreed to when signing up. Suspended accounts may be reactivated once we have concluded our investigation and any corrective action has been taken by you. If we decide to permanently terminate your account for any reason, we will cancel all future payments, however, any payments which have already been made, will not be refunded.
Cancellation & Refund Policy
If you wish to cancel your membership with us, please contact us via our Support Desk and request cancellation. We do not provide full or partial refunds for memberships, unless the membership is a duplicate membership, and was purchased in error. We do not provide refunds for members who purchase any of our memberships, and then do not use our service. Upon your instruction, we will cancel your membership with Solochecker, and you will have the use of our systems until the end of your current billing period. If your account has been suspended or limited by us for any reason, your membership payments will continue as per the payment schedule you agreed to when signing up. Suspended accounts may be reactivated once we have concluded our investigation and any corrective action has been taken by you. If we decide to permanently terminate your account for any reason, we will cancel all future payments, however, any payments which have already been made, will not be refunded.
This website is controlled by Profit Convergence, Inc. from our offices located in the state of North Carolina, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of London, by accessing our website, you agree that the statutes and laws of London, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in North Carolina, United States. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Profit Convergence, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Profit Convergence, Inc.,
PO Box 374,
Kernersville, NC 27107