You've Got Contacts

TERMS OF USE

The You’ve Got Contacts Program is a service of Hocutt & Associates, Inc. The You’ve Got Contacts Program consists of variety of email and hard copy postcards including, but not limited to the Just A Thought…™ , Snapshots of American History™, IceBreaker™ , Rule of Thumb, and Snippets. A number of and a variety of email and hard copy postcards can and will be added to the You’ve Got Contacts program on occasion and will all be covered under the Terms of Use. Whenever any reference is made to the You’ve Got Contacts Program throughout the Terms of Use and the www.YouveGotContacts.com website, all references include all portions of the You’ve Got Contacts Program. When reference is made to Hocutt & Associates, Inc., and/or www.YouveGotContacts.com, both designations include both Hocutt & Associates, Inc., and www.YouveGotContacts.com, even though only one reference is named. By accessing and using this service, or by accessing and using any portion of www.YouveGotContacts.com website you agree to be bound to the following terms and conditions:

PURPOSE

The purpose of the You’ve Got Contacts Program is to help business owners, entrepreneurs, salespeople, and anyone in business, improve their communications and sales with their prospects and customers. The You’ve Got Contacts Program is designed not only to increase sales, but to increase customer retention, to get you referrals, to market, to advertise and to expand your goodwill to all people you wish to contact. The You’ve Got Contacts Program is an on-going program to keep the Member’s name in front of their prospects and customers so when the prospect or customer is ready to purchase or refer someone to purchase a product or service similar to the Member’s, they will think of the Member before making the purchase. There is no promise, explicit or implied, that the You’ve Got Contacts Program will do this, and Hocutt & Associates, Inc., will not be held liable in any way for any results obtained by participants. The You’ve Got Contacts Program is also designed to help participants through our Referral Program to increase their income through referrals of the program when they sign up others who will also participate as paid Members of the You’ve Got Contacts Program. Because of the constant and unknown changes in the Internet and business in general, all agreements and understandings are subject to change with or without notice.

Hocutt & Associates, Inc., maintains all copyright rights to all material, including, but not limited to the You’ve Got Contacts email and hard copy postcards and all website information. As a Member, you have the specified rights to transmit said information as outlined in the Terms of Use agreement and the actual email and hard copy postcards to your customers and prospects for the purposes as stated in the You’ve Got Contacts Program.

Hocutt & Associates, Inc., its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this Site. Hocutt & Associates, Inc. cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information on this Site or the You’ve Got Contacts Program.

SPAMMING IS PROHIBITED

Hocutt & Associates, Inc. is strongly opposed to sending out unsolicited e-mails (SPAM) and will make every effort to ensure this does not occur. Members are allowed to keep on their mail list through the You’ve Got Contacts Program only recipients who have requested and given permission to be included on Member’s list. If a recipient notifies either the Member or Hocutt & Associates, Inc., to remove their name from the mail list, this must be done immediately. If the Member should reenter the recipient’s name without the recipient’s permission, this is grounds for termination of the Member from the You’ve Got Contacts Program and loss and termination of all benefits immediately. Any complaints recipients or Members have with each other are to be settled between the conflicting parties and Hocutt & Associates, Inc., has no responsibility or obligation to any of the parties. Hocutt & Associates, Inc., is not responsible for Members’ mail list, who they have included, whether permission was granted by recipients, and the updating and editing of lists.

In order to comply with the Can-Spam Act of 2003 concerning email regulations, Hocutt & Associates, Inc. will, and will insist that its Members, comply with all requirements of said act. Regulations prohibit fraudulent or deceptive subject lines, headers, return addresses; makes it illegal to send emails to email addresses that have been harvested from websites; criminalizes sending sexually-oriented emails without clear marking; requires that you have a working unsubscribe system that makes it easy for recipients to unsubscribe opt out of receiving your emails; requires most emailers to include their postal mailing address in the message; implicates not only spammers, but those who procure their services; indeed, if you fail to prevent spammers from promoting your products and services you can be prosecuted; includes both criminal and civil penalties and allows suits by the FTC, State Attorneys General, and Internet Service Providers. The opt-out law requires businesses to stop sending emails to those who request to be removed from a list. This requires a functioning reply address or email unsubscribe system that operates for at least 30 days after your last mass emailing. Email deception is now a crime: hijacking another email server to send or relay spam; falsifying email headers or email addresses to hide one’s identity; using someone else’s email address in the “from” field; registering for email addresses under false identities; deceptive subject headings; harvesting email addresses that appear on websites; randomly generating email addresses; knowingly linking an email ad to a fraudulently registered domain; participating in other offenses such as fraud, identity theft, obscenity, and child pornography and exploitation. For more information on the Can Spam Act of 2003 visit the U.S. Congress website at http://www.house.gov.

Email addresses and lists of names acquired or purchased from list brokers or resellers are not accepted and cannot be used on the You've Got Contacts program. To do so will result in the removal of any trial or permanent member from the You've Got Contacts program immediately; and such member will be held solely and legally responsible for any actions brought against him or her or their company by Hocutt & Associates, Inc., and by any federal, state, or local governmental agency, and/or any other party having interest in having their names or lists used.

MEMBERS OF THE YOU’VE GOT CONTACTS PROGRAM

All Members of the You’ve Got Contacts Program must agree to all terms and conditions as set forth in the Terms of Use in order to use and participate in the You’ve Got Contacts Program. Hocutt & Associates, Inc., does not endorse any Members’ information, products, services, or material contained or accessible through any of Members’ sites, companies, advertisements, etc. All users of Members’ products, services, information, and materials do so solely at their own risk.

All Members and users of the You’ve Got Contacts Program and Hocutt & Associates, Inc., Site agree that Hocutt & Associates, Inc., is not responsible for any content, representations, products, services, work, recommendations, and statements submitted by Members, users, or visitors. Failure to comply with the Terms of Use will result in the immediate expulsion of the offending Member, user, or visitor and will be at the sole discretion of Hocutt & Associates, Inc., with no appeal or redress by the offending Member, user, or visitor. Each person or company who contacts others in any way, for any business needs, for any advice, or for any communication of any type, bears total responsibility and risk associated in dealing with each other. Hocutt & Associates, Inc., does not prescreen or monitor content, does not judge or evaluate Members, their products or services or claims, does not recommend any Member or user, and is not responsible for any of the people or businesses recommended by others using the You’ve Got Contacts Program on its Site. Hocutt & Associates, Inc., retains the right to refuse access to the Site, and/or remove content, Members, or users at our sole discretion. Each Member, user, and visitor is entirely liable for all activities and representations they make. Listed below are some of the actions you agree to while using our Site and the You’ve Got Contacts Program:

Do not transmit any information, data, files, links, software, or other materials that is considered to be unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, malicious, or racially, ethnically or otherwise objectionable.

Not violate any applicable local, state, national, or international laws, including, but not limited to copyright or patent infringements. All Members, users, and visitors who use any copyrighted or patented information do so at their sole liability and do so with the understanding they are not in violation of such laws, have the permission to use the material, and in no way hold Hocutt & Associates, Inc., responsible or liable for any material they use.

No one may interfere with the other Member’s, user’s or visitor’s use and enjoyment of this Site.

If any Member, user, or visitor should ever witness any violation of these rules, please email Hocutt & Associates, Inc., with the identification of the offending persons with the relevant content to support@YouveGotContacts.com.

Members are granted a nonexclusive, nontransferable, limited right to view and use information retrieved from the You’ve Got Contacts Program provided solely for your personal, informational, and commercial purposes, and provided you do not remove or obscure the copyright notice or other notices. No part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Hocutt & Associates, Inc.

Hocutt & Associates, Inc., maintains ownership of the content on www.YouveGotContacts.com, and the You’ve Got Contacts Program. The right of Members to view, send out, update, edit, or access the You’ve Got Contacts Program ceases upon cancellation or non-renewal of Membership. Cancellation can be caused, but not limited to the Member’s choice to cancel, for violation of the Terms of Use, for non-payment of monthly, quarterly, semi-annual, or annual fees, invalid credit cards, or nsf checks.

Billing

The first day your account becomes active is considered the “anniversary” date of your account. Each person is allowed one free 30 day trial. Billing is on a quarterly or annual basis. Member’s first 30 days are free but when signing up for the program, Member must submit a valid credit card. Prior to the end of the first free 30 days, Member will be notified that the trial period is to terminate on Member’s anniversary date and Member’s credit card will be automatically billed without further notification for Member’s selected billing term of quarterly or annual billing. Future billings will always take place on the date of the Member’s anniversary date. For example, if Member signs up on June 14, and selects quarterly billing, June 14 becomes the anniversary date. The first month will be free, so the first billing will be July 14. Since billing is quarterly, the next billing will be October 14.

If Member decides to cancel or withdraw from the program for any reason, 100% of any unused pre-paid portion of the Member’s unused funds will be credited back to Member’s credit card within 30 days. For clarification, unused funds refer to the months not used by Member on the program. Unused funds are not pro-rated for any part of the month. One day past the anniversary date is still considered use of the program for the entire month. Example: if a Member selects an annual billing, joins the program on March 1, and pre-pays one year in advance, the first month is free and no billing will take place. On April 1, Member’s credit card will automatically billed for the next 12 months. If on July 2, Member decides to withdraw from the program, the entire month of July will be considered billable and Member will receive a refund for the months of August 1 – March 31.

THE YOU’VE GOT CONTACTS PROGRAM

Hocutt & Associates, Inc., reserves the right to edit, change or revise its You’ve Got Contacts Program, and email and hard copy postcards at any time and for any reason. Every effort will be made to ensure the email postcards are prepared six to twelve months in advance and can be previewed by Members. Other than the fields for information allowed for Members to include their personal information, no cards, pictures, quotes, tips, and ideas will be changed or modified for Members. By using this Site and paying membership fees, Members agree that the email and hard copy postcards scheduled to be sent out each period by Hocutt & Associates, Inc., are acceptable and will be sent with no further modification except for the Member’s allowance to change the fields they are allowed to access.

All members are given their first 30 (thirty) days free. Thereafter, members pay quarterly or annually in advance for membership and will be billed on a quarterly or annual basis. If a member should cancel their Membership after having paid in advance, they will receive a full reimbursement for any portion of their remaining, unused portion of the You’ve Got Contacts Program after debiting any unpaid fees. For members to collect on their Referral fees, they will be paid one month after their referrals have been paying, active members in good standing.

If for any reason Hocutt & Associates, Inc. sends out any Member’s email postcards on a prescribed date, Hocutt & Associates, Inc. will not resend them even if asked by the Member. Thus, if a Member has failed to update their list of recipients until after the email postcard has been sent, the new entry of the recipient will not receive the card or tip until the following scheduled date for sending. Hocutt & Associates, Inc., is not responsible for the Members’ lists, its accuracy, and updates and editing of same. Neither are we responsible or liable for the Members’ recipients, for how long they remain Members, or for whatever reasons they choose to have their names removed from the mail lists of the Members.

Member’s contact list for the You’ve Got Contacts Program will remain as the Member’s property while the Member is an active Member of Hocutt & Associates, Inc., and www.YouveGotContacts.com. Member’s list can only be contacted by Member and no one else without Member’s permission. However, when a Member cancels Membership, or for any reason quits the Site or Hocutt & Associates, Inc., their contact list must be removed by Member within 30 days from the You’ve Got Contacts Program, or www.YouveGotContacts.com website. Failure to do so will result in Hocutt & Associates, Inc. erasing and eliminating all their contact names so they will not be used by any other parties, and Member cannot hold Hocutt & Associates, Inc. responsible, liable, or in any way in any fault of removing Member’s list. This is done for the protection of the Member and their contact’s names. Member will not be eligible to receive any referral fees or participate in the Referral Program once Membership has been discontinued.

THE REFERRAL PROGRAM

All terms and conditions of the Referral Program as noted on this Site are included as part of these Terms of Use of the You’ve Got Contacts Program.

LINKING

You may provide links to this Site provided (1) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, (2) you give Hocutt & Associates, Inc., notice of such a link by sending an e-mail to support@YouveGotContacts.com and (3) you discontinue providing such links to this Site if notified by Hocutt & Associates, Inc.

DISCLAIMERS

HOCUTT & ASSOCIATES, INC., DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

HOCUTT & ASSOCIATES, INC., DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (1) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (2) ANY THIRD PARTY WEBSITES OR CONTENT THERIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THERFROM, (3) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEROF, (4) YOUR USE OF THIS SITE, OR (5) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HOCUTT & ASSOCIATES, INC., BE LIABLE FOR ANY SPECIAL, DIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, HOCUTT & ASSOCIATES, INC.’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT HOCUTT & ASSOCIATES, INC.’S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.

GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms of Use and conditions shall be governed by and construed in accordance with the laws of the State of Washington, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United State of America and/or the state courts of Washington and jurisdiction therefor shall rest solely in Washington, USA.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hocutt & Associates, Inc., its affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to your use of this Site and its contents.

CHANGES TO SITE AND THESE TERMS AND CONDITIONS

This Site and these Terms of Use may be changed by Hocutt & Associates, Inc., with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.

ENTIRE AGREEMENT; SEVERABILITY

These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

IF YOU DO NOT AGREE

IF THESE TERMS OF USE ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.