This Terms of Service (TOS) agreement is an agreement (sometimes referred to as the "Agreement") between WhiteLabelDIY ("us", "we", "our") and you ("Company", "you", "your"). Use of any WhiteLabelDIY services constitutes acceptance and agreement to this TOS agreement as well as the WhiteLabelDIY Acceptable Use Policy (AUP) and Privacy Policy.
WhiteLabelDIY reserves the right to terminate this TOS for any reason or no reason along with the right to refuse service to anyone.
The features and details of the services governed by this TOS are described on our website at "WhiteLabelDIY.com". Through these TOS, the aspects of the services provided to you by WhiteLabelDIY are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.
As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account. During our business relationship, we will communicate with you by e-mail about the Service from time to time. You agree to provide us with an e-mail address that is active and monitored daily. WhiteLabelDIY has no responsibility, or liability, for interruptions in the Services that we provide, or damages of any sort, based on communications that are misdirected because of your failure to provide us with valid contact information. The contact in our records is considered by us to be your company contact and we will communicate with this contact as the account administrator. However, if there is any dispute, we will consider the person/entity who paid for the latest billing period of the account to be the owner of the account. It is your obligation to ensure that our records accurately reflect the correct ownership and control of the Service.
WhiteLabelDIY reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when such changes apply to both existing and future companies.
Service fees are set forth on the website. The date of the initial online order will set the monthly account anniversary date for all future billings. Some adjustments of the anniversary date will be made if the online order date should occur on the 29th, 30th, or 31st of the month. Services are provided on a prepayment basis and fees for services will be billed on the anniversary date of the billing cycle of the Service. All fees are fully earned when due and non-refundable when paid. Company agrees that WhiteLabelDIY will charge all Service Fees to the credit card supplied by Company. All payments shall be made in US Currency. The Service Fees do not include any applicable sales, use, revenue, excise, or other taxes imposed by any tax authority with respect to the Services or any software provided hereunder. If applicable, all taxes will be paid by the Company.
Companies can cancel their service by emailing support@whitelabeldiy.com. Cancellations are effective once processed. No cancellations will be processed on weekends or times outside of normal office hours of Monday – Friday 9am to 4pm CST. All company files and data remaining on WhiteLabelDIY servers after the cancellation date may be destroyed and unrecoverable for security and privacy reasons. It is the Company's responsibility to back-up their files and data prior to requesting Cancellation. WhiteLabelDIY is not responsible, and Company agrees to hold WhiteLabelDIY harmless from any liability or damage that Company or any third party may sustain, should Company files and data be destroyed after site cancellation.
One-month Software Fees are not refundable nor pro-rated.
White Label Fees, SSL Fees, and Setup Fees are not refundable nor pro-rated.
There are no refunds on any fees during the first month of service.
Should any service credit be issued to the Company account, they will be used to offset software fees assessed in the future. Service credits are not cashable and cannot be transferred to other accounts.
All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of this TOS. Failure to remit an on-time payment shall result in a suspension of access to the software services. Failure to remit payment for services within ten (10) consecutive days, including the anniversary date, shall result in termination of this agreement. All files and data remaining after twenty-five (25) days of non-payment may be destroyed and unrecoverable for security and privacy reasons.
Company agrees to comply with state/federal laws and regulations governing the sale of goods and services, including, but not limited to the Telemarketing Sales Rule, 16 CFR Part 310 (TSR), Telephone Consumer Protection Act (TCPA), CAN-SPAM Act of 2003, 15 U.S.C. 7701 et seq., and the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., each as amended. Company understands the limitations which may exist in selling the services over the telephone and will focus marketing on the fact that the platform is used by active consumers who prepare their own dispute letters to be mailed by the consumer as a "Do It Yourself" option instead of hiring third party companies to perform the tasks. Company agrees not to engage in telephonic marketing of the services.
The Service includes an optional credit monitoring solution for consumers to purchase, and it is tied to their online account on the Service. Company understands that it may not offer any other credit monitoring solution that can be tied to the WhiteLabelDIY platform as WhiteLabelDIY’s software has been specifically created to import credit reports from MyScoreNow. Company also understands that WhiteLabelDIY is affiliated with MyScoreNow and it may receive compensation for any consumer enrollments into the credit monitoring subscription. Company agrees to disclose to consumers it is enrolling that there are other credit monitoring companies they may hire, but the free platform is not configured to download the credit reports tied to those monitoring companies. Company also agrees to disclose that if the consumers sign up for the credit monitoring service Company receives a financial benefit.
Company agrees that they will not use excessive amounts of CPU processing on any of WhiteLabelDIY’s servers. Any violation of this policy may result in remedy action by WhiteLabelDIY, which may be taken in WhiteLabelDIY’s sole discretion with or without notice.
Company is prohibited from violating or attempting to violate or circumvent the security of the WhiteLabelDIY network. Violations of system or network security will result in civil or criminal liability. WhiteLabelDIY will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Company who is involved in such violations.
Company is responsible for backing up all of their data. WhiteLabelDIY will not be responsible if there is any data loss for any reasons.
Company Content will include content and files uploaded, submitted, stored or distributed by company via WhiteLabelDIY services. Company Content also includes content of users of Company portal.
WhiteLabelDIY may take remedy action with or without notice, which may result in the following: a) removal of all or a portion of the Company Content, b) disconnection or discontinuance of any and all Services, or c) termination of this Agreement in the event of i) violation of our AUP, ii) notice of violation by Company of this TOS, iii) non-payment, or iv) chargeback. Company agrees that WhiteLabelDIY will have no liability to Company due to any Remedy Action that we may take. Company also agrees that WhiteLabelDIY will not provide any refunds of any fees paid by Company prior to Remedy Action. In the event of Remedy Action against Spamming Activities or Internet Abuse, WhiteLabelDIY may charge the Company a $250.00 clean up fee.
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.
Your use of the Services must be reasonable, and you may not place excessive burdens on our servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess fees, to the extent that they exceed the use of the Service of similarly situated Companies. Exceeding the capacity numbers may result in our need to purge your old client data, move your data to a separate database host in which you will be responsible for increased fees, or place restrictions on your use of the Service.
Images that are not allowed to be hosted in our system: Adult, Flash, Videos, images over 3 MB.
When an Account is terminated or cancelled, all files and data may be destroyed and unrecoverable for security and privacy reasons. WhiteLabelDIY has no responsibility to forward data, or other communications, for you once your Account is closed, and you will no longer have access to the site. You are encouraged to keep the Service active during a transition period should you seek to forward your data or other communications.
Company represents and warrants to WhiteLabelDIY that during the Term that Company has service, the Company Content and any information and materials contained therein does not, and will not, (i) infringe any copyright, trademark, or any other proprietary right of a third party, (ii) violate any criminal laws and will only be used for lawful purposes, (iii) constitute false advertising, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation, or (iv) contain and will at all times remain free of computer viruses, trojan horses, worms, and other malicious code. Company further represents and warrants that it will fully comply with applicable laws and regulations including, but not limited to the Telemarketing Sales Rule, 16 CFR Part 310 (TSR) and Telephone Consumer Protection Act (TCPA) notwithstanding that Company shall not telemarket the services, as well as CAN-SPAM Act of 2003, 15 U.S.C. 7701 et seq., and the Gramm-Leach-Bliley Act, 15 USC 6801 et seq, each as amended.
You represent and warrant to WhiteLabelDIY that: (i) you have the knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent from accessing the Internet; and (iii) you will use the Service without extra effort on our part.
License to the Company to use WhiteLabelDIY grants WhiteLabelDIY a royalty-free, non-exclusive, worldwide right and license to reproduce, copy, use and distribute Company Content, and to make archival or backup copies of the Company Content to provide and operate the Services. WhiteLabelDIY acknowledges that they are not acquiring any exclusive right, title or interest in or to the Company Content, all of which shall remain solely with the Company.
You represent and warrant that you have reviewed the online Privacy Policy that is directed to DIY consumer Companies and agree to the terms therein, including creating safeguards at your company to ensure the protection of consumer data.
WhiteLabelDIY grants to Company a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use WhiteLabelDIY Technology solely for the purpose of accessing and using the Services. Company may not use the WhiteLabelDIY Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from WhiteLabelDIY to the Company any WhiteLabelDIY Technology, and all rights, titles and interests in and to the WhiteLabelDIY Technology shall remain solely with WhiteLabelDIY. Company shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the WhiteLabelDIY technology. WhiteLabelDIY’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of WhiteLabelDIY. Company may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of WhiteLabelDIY.
WhiteLabelDIY and Company are independent contractors. Nothing contained in the TOS places WhiteLabelDIY and Company in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.
Any feedback, data, answers, questions, comments, suggestions, idea or the like which Company sends to WhiteLabelDIY relating to the Services will be treated as being non-confidential and non-proprietary. WhiteLabelDIY may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access WhiteLabelDIY servers and Services. WhiteLabelDIY makes no representations, warranties, or assurances that Company's equipment will be compatible with WhiteLabelDIY services.
This Site is created and controlled by us in the State of Alabama. The laws of the State of Alabama govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Montgomery County, State of Alabama, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Company may not export, re-export, transfer or make available, whether directly or indirectly, any regulated items or information to anyone outside the United States in connection with this TOS without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Company operates or does business.
By participating in our services or using our products, you agree to grant us, and our affiliates, the right to use your name, image, likeness, and any other personal attributes or biographical information for marketing, promotional, and advertising purposes. This includes, but is not limited to, use in advertisements, social media posts, website content, promotional materials, and other marketing efforts.
You acknowledge and agree that we may use your Personal Information in any manner and in any media, whether now known or hereafter developed, worldwide and in perpetuity, without further compensation or notice to you. This right includes the ability to modify, adapt, and reproduce your Personal Information as part of our marketing campaigns.
You also understand that we are not obligated to use your Personal Information and that such use is at our sole discretion. If you have any concerns regarding the use of your Personal Information, please contact us at support@whitelabeldiy.com.
Each party agrees to indemnify and hold harmless the other party, the other party's clients, affiliates, and each of their respective officers, directors, agents, attorneys, and employees from and against any and all claims, demands, obligations, liabilities, damages, losses, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's service, copyright, trade secret, patent, trademark, or other proprietary right.
Company agrees to use all Services and any information obtained through or from WhiteLabelDIY, at Company's own risk. Company acknowledges and agrees that WhiteLabelDIY exercises no control over, and accepts no responsibility for, the content of the information passing through WhiteLabelDIY’s host computers, network, or the Internet.
THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF WHITELABELDIY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("WHITELABELDIY PERSONS") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WHITELABELDIY PROVIDES.
No WhiteLabelDIY person makes any warranties that the Services will not be interrupted or error free; nor do they make any warranties as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information, services or merchandise contained in or provided through the Services. WhiteLabelDIY is not liable, and expressly disclaims any liability, for the content of any data transferred either to or from Company or stored by Company or any of Company’s users via the Services provided by WhiteLabelDIY. No advice or written information given by any WhiteLabelDIY person will create a warranty; nor may you rely on such information or advice.
The terms of this section shall survive any termination of this Agreement.
Company agrees that no WhiteLabelDIY person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to WhiteLabelDIY at the time) which may exist in the Services or WhiteLabelDIY’s equipment used to provide the Services.
Under no circumstances, including negligence, shall any WhiteLabelDIY person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Company, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if WhiteLabelDIY has been advised of the possibility of such damages.
WhiteLabelDIY shall not be liable to the Company, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to WhiteLabelDIY’s records, programs, equipment, or services.
IN NO EVENT WILL WHITELABELDIY’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL SERVICE FEES PAID TO WHITELABELDIY BY COMPANY DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
WhiteLabelDIY cannot guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet. WhiteLabelDIY will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information, or content transmitted, received or stored on its system.
Company understands, acknowledges and agrees that if WhiteLabelDIY takes any remedy action under this Agreement because of an action of the Company or its portal users, Company agrees that WhiteLabelDIY shall have no liability to Company due to such remedy action by WhiteLabelDIY.
The terms of this section shall survive any termination of this Agreement.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including and without limitation to fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.
This TOS may be assigned by WhiteLabelDIY. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
No waiver of rights under this TOS, or any other WhiteLabelDIY policy shall constitute a subsequent waiver of this or any other right under this TOS.
This Agreement represents the entire agreement between the parties and supersedes all previous agreements and discussions. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Company hereby represents that they are either an individual entering this Agreement for their personal use and is of legal age to execute this Agreement, or a corporation, limited partnership or other legal entity, validly existing under the laws of the state of its organization and the person acting on behalf of Company is authorized to execute this Agreement on behalf of Company.
