ADVERTISEMENT SUBSCRIPTION TERMS
This Subscription Agreement, which is solely for paying member, (the "Contract"), by and between yourself and NRI WALA, LLC, a New Jersey limited liability company, and/or its owner, agents, employees, representatives or affiliates (the "Company") is your membership contract ("Contract") to use the advertising services portion of the Services ("Advertising Services").
This Subscription Agreement only applies to you if you are a subscribing member. A subscribing member is an individual who makes, directly to us, a payment to use the Advertising Services. By using the Advertising Services, you agree to the following:
1. MEMBERSHIP TERM; RENEWALS
User shall be entitled to all of the benefits available to users of the Advertising Services for the ensuing twelve-month period under an annual plan, commencing on the date of acceptance of the user hereunder, thereafter (the "Membership Term"). The Company reserves the right, at its sole discretion, to change the terms and conditions of this Contract at any time, with or without notice to any user, or to cancel this Contract or the Advertising Services.
2. MEMBERSHIP PLANS
The Advertising Services memberships will be provided as follows:
Thirty (30) day plan - This plan shall be renewed automatically for a period of thirty (30) days. A refund is available to this plan, subject to a cancellation of the renewal period on or before five (5) days after the renewal period. Any cancellation effectuated past the mentioned period shall be subject to a prorated refund, based on the number of days of use of the Services prior to the cancellation.
3. SERVICE FEE; RENEWAL FEES
The Advertising Services subscription fee (the "Service Fee") will be automatically billed through PayPal or other authorized billing source on a recurring basis as authorized upon enrollment. The Company will not be responsible for any fees or penalties associated with insufficient funds or any other form of fee due to a charge of the Service Fee to a debit card provided used in PayPal of authorized billing source by the user. Unless user cancels the subscription or alters their auto-renewal status through a cancellation in accordance to this Contract, the Membership Term will be automatically renewed at the end of the pertinent term, if applicable.
4. RIGHT TO CANCEL; REFUND OF SERVICE FEE
Users have the right to terminate this Contract and subscription to the Advertising Services at any time. A User may cancel this Contract any auto-renewal, through PayPal; or by sending such request to firstname.lastname@example.org. If User cancels their subscription prior to the end of the respective subscription term ("Refund Period"), for which User has paid the Service Fee, the User shall be entitled to receive a prorated refund of such Service Fee as set forth under Section 2 of this Contract. User will remain liable for any other fees or charges to be paid pursuant to this Contract or the Advertising Services. If User feels that they have been billed multiple times, user should promptly send notice of such, including all subscription contact details, billing dates, transaction details to email@example.com.
5. USER REPRESENTATION AND OBLIGATIONS
6. GOVERNING LAW
This Contract is to be construed in accordance with and governed by laws of the State of New Jersey, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of New Jersey to the rights and duties of the parties, and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of New Jersey.
In the event of any civil action or other legal proceeding arising out of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, but not limited to, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in such proceeding. All disputes, differences, claims, controversies or questions concerning or connected with the interpretation or implementation of this Agreement, including without limitation any questions concerning the existence, validity, or termination of this Agreement, ("Dispute"), shall in the first instance be resolved through good faith consultation between the parties, which consultation shall begin promptly after a party has delivered to the other party(s) a written request for such consultation. If the parties are unable to resolve a Dispute within thirty (30) business days following the date of such written request, either party may refer the Dispute to binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA").
7. ENTIRE AGREEMENT
This Contract constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.