WebSite Terms and Conditions of Use
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Surviving Hard Times website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Surviving Hard Times website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Surviving Hard Times at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Surviving Hard Times website are provided “as is”. Surviving Hard Times makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Surviving Hard Times does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Surviving Hard Times or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Surviving Hard Times Internet site, even if Surviving Hard Times or a Surviving Hard Times authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Surviving Hard Times website could include technical, typographical, or photographic errors. Surviving Hard Times does not warrant that any of the materials on its website are accurate, complete, or current. Surviving Hard Times may make changes to the materials contained on its website at any time without notice. Surviving Hard Times does not, however, make any commitment to update the materials.
Surviving Hard Times has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Surviving Hard Times of the site. Use of any such linked website is at the user’s own risk.
8. Governing Law
Any claim relating to Surviving Hard Times website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
9. Cancellation Policy
If a Surviving Hard Times client wishes to discontinue their contractual agreement for services with Surviving Hard Times, a principal of the firm, not admin staff, must appear for and participate in, a 15-minute phone exit interview with Surviving Hard Times, subject to the contract terms they signed. Cancellation by email or other means without a phone or zoom exit interview will not be accepted. Client must provide notice of their wish to cancel, including 2-3 mutually agreeable times to conduct the exit phone interview, by emailing support [at] survivinghardtimes dot com and confirming receipt of that email. Surviving Hard Times will endeavor to confirm a client’s wish to cancel via email within 2 business days, not including federal holidays and weekends.
Under a month-to-month agreement, client must give a minimum of 10 calendar days’ notice to Surviving Hard Times before Client’s next payment due date, otherwise client agrees to be billed for one additional month of service. If a 1-year agreement is chosen, starting on month #14 (because Surviving Hard Times one year agreements often include a 13th month of service for free), the agreement becomes a month-to-month agreement and remains in effect.
Upon termination of this agreement, client shall have 15 calendar days from the termination date, to transfer their hosting (if being hosted by Surviving Hard Times) to an alternative hosting provider. The termination date will be based on notification to or from client of termination of the agreement, or notification of non-payment of agreed-upon marketing fees. Surviving Hard Times maintains the right to terminate hosting after this 15-day grace period at their sole discretion.
All payments shall be paid by credit card. Each payment prepays the next 30 calendar days of work by Surviving Hard Times. If Client’s account becomes past due, starting on the 6th day of non-payment, Surviving Hard Times may, at its discretion, cease providing any or all services until Client’s account is brought current. Client authorizes Surviving Hard Times to charge Client’s credit card for the amount due each month, subject to the cancellation conditions listed above.
If CLIENT agrees to a 1-yr commitment, an early termination notice will: 1) negate the $300 monthly discount, with the discount retroactively negated, for all months the discount was applied during the entire term of contract or 2) require immediate payment of the remaining months’ payments due under this agreement, whichever amount is greater.
By signing a contractual agreement with Surviving Hard Times, all parties agree to adhere to the terms described in the agreement, and to settle any disputes (except billed, yet unpaid services that fall into arrears) through binding arbitration offered by JAMS ADR (Judicial Arbitration and Mediation Service Alternative Dispute Resolution Services), at their Houston, Texas location. Any dispute arising out of the Agreement will be adjudicated, subject to the laws of the state of Texas. If any term in the agreement is deemed to violate any applicable federal, state, or local laws and/or found to be unenforceable, the remaining terms of this agreement shall remain in full force and effect. If Client’s account falls in arrears, Surviving Hard Times reserves the right to hire a collection agency to pursue Client – this shall not invalidate the binding arbitration requirement for any other disputes.
10. Refund Policy
Surviving Hard Times bills clients in advance of services (30 day lookahead period). Once services have been provided, no refunds will be issued. If a client properly terminates services and requests a refund of services, a refund shall be limited to a proration of as-yet-unused services only.
General Terms and Conditions applicable to Use of a WebSite.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.