The following terms and conditions govern the I.M.P.A.C.T, Inc.® Participant and the benefits available thereunder. ALL PERSONS SUBSCRIBING TO I.M.P.A.C.T, INC. PARTICIPANT ARE URGED TO READ THE PARTICIPANT TERMS & CONDITIONS CAREFULLY AND IF YOU HAVE ANY QUESTIONS TO CONTACT AN I.M.P.A.C.T, INC. REPRESENTATIVE AT ATTN: PARTICIPANT, I.M.P.A.C.T, INC., 8991 Flamingo Road, Ste 105 Las Vegas, NV 89147. This Participant terms & conditions (the "Participant Terms & Conditions," or "Agreement") is made between I.M.P.A.C.T, Inc.. ("I.M.P.A.C.T, INC."), and the person registering for Participant or otherwise specified on the I.M.P.A.C.T, INC. Participant certificate. ("you" or the "Participant").
- Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. I.M.P.A.C.T, INC. will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided.
At your request, I.M.P.A.C.T, INC. agrees to provide you with a paper copy of any amendments to this Agreement but I.M.P.A.C.T, INC. will charge you a processing fee and a shipping fee for such service. You may request paper copies of required notices by sending such request to I.M.P.A.C.T, INC., 8991 Flamingo Road Ste. 105, Las Vegas, NV 89147.
You have the right to withdraw this consent, but if you do I.M.P.A.C.T, INC. will immediately terminate this Agreement and/or the I.M.P.A.C.T, INC. Service. To withdraw your consent, please contact I.M.P.A.C.T, INC. by sending such request to Attn: Participant, I.M.P.A.C.T, INC., 8991 Flamingo Road Ste. 105, Las Vegas, NV 89147.
In order for you to access and retain this information, your system must meet the following requirements: (1) A PC or Macintosh compatible computer or other Internet-ready device, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. Your submission of an online application shall constitute your acknowledgement that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.
Right to Cancel; Refund of I.M.P.A.C.T, INC. Service Fee. Participants have the right to terminate this Agreement in the I.M.P.A.C.T, INC. Service at any time. A participant may cancel this Agreement and Participant in the I.M.P.A.C.T, INC. Service, or their auto-renewal, by sending such request to Attn: Accounting, I.M.P.A.C.T, INC., 8991 Flamingo Road Ste. 105, Las Vegas, NV 89147. Participant cannot receive a refund of such Registration Fee nor any portion thereof. Due to the nature of the services provided by I.M.P.A.C.T, INC. (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Participants will remain liable for any other fees or charges to be paid pursuant to this Agreement or the I.M.P.A.C.T, INC. Service. If Participant feels that they have been billed multiple times for the Service, Participant should promptly send notice of such, including all participant contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to Attn: Accounting, I.M.P.A.C.T, INC., 8991 Flamingo Road Ste. 105, Las Vegas, NV 89147. and also to email@example.com
Disclaimer of Liability. Vendors. I.M.P.A.C.T, INC. shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor ("Vendor"). All Vendors are independent contractors and not employees, partners or joint venture partners with I.M.P.A.C.T, INC. I.M.P.A.C.T, INC. shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not I.M.P.A.C.T, INC. Although I.M.P.A.C.T, INC. upon request by the Participant, will endeavor to intervene in conjunction with a Participant experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Participant is canceled, modified, defective, or otherwise unsatisfactory to the Participant, the Participant will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. Participant understands and acknowledges that I.M.P.A.C.T, INC. cannot force vendors to provide any product, service or promotion and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their own discretion.
I.M.P.A.C.T, INC. Participant Representation and Obligations. In return for the discounts and benefits available under the I.M.P.A.C.T, INC. Service, each Participant acknowledges such Participant's obligations to I.M.P.A.C.T, INC. as follows: (a) you have read the "Participant Terms & Conditions" carefully, and understand the provisions of the I.M.P.A.C.T, INC. Service and the billing method for the payment of the annual Service Fee; (b) You may cancel your Participant in the I.M.P.A.C.T, INC. Service at any time prior to the conclusion of the then current Participant Term and will not be entitled to a refund of the pro rata unused portion of the Service Fee, (c) the Participant Term will renew automatically effective the first day following the conclusion of the existing Participant Term unless you elect to cancel in accordance with this Agreement; (d) the benefits of Participant in the I.M.P.A.C.T, INC. Service are not assignable without the express written consent of I.M.P.A.C.T, INC. and you will use your Participant only for personal, non commercial use or for the benefit of your immediate family. For purposes of this Agreement, "Immediate Family" shall be limited to the Participant, and his or her spouse and children residing in the same house. You agree not to share any proprietary information supplied you by the I.M.P.A.C.T, INC. including but not limited to coupon codes, discounts, incentives, and the like to any third-party, individual, entity or institution. A violation of this provision will result in your forfeiture of Participant in the I.M.P.A.C.T, INC. Service, potential legal action from I.M.P.A.C.T, INC. and its Participants and/or potential legal action from the Vendor; and (e) I.M.P.A.C.T, INC. assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Participant or the direct provider of the Benefits, as the case may be.
Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Nevada. Any dispute arising between you and I.M.P.A.C.T, INC. will be submitted to arbitration in the State of Nevada in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state's consumer protection laws.
Disclaimer of Warranties. I.M.P.A.C.T, INC. is not a merchant, manufacturer, or direct provider for many of the Benefits made available to Participants. ACCORDINGLY AND UNLESS A VENDOR HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO PARTICIPANTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY PARTICIPANTS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER PARTICIPANT IN THE I.M.P.A.C.T, INC. SERVICE.
General Release. Each Participant, for himself/herself, and on behalf of any person who uses the Benefits available through the I.M.P.A.C.T, INC. Service ("Participant Beneficiary"), hereby forever releases, acquits and discharges I.M.P.A.C.T, INC. from any and all liabilities, claims, demands, actions and causes of action that such Participant or such Participant's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the I.M.P.A.C.T, INC. Service. The sole recourse available to a Participant, Participant Beneficiary or their legal representatives shall be the cancellation of the Participant.
Receipt of Mail. I.M.P.A.C.T, INC. cannot guarantee that it receives any mail that Participant claims to have sent. Participant should, at Participant’s own expense, send any notices to I.M.P.A.C.T, INC. in a form to ensure to Participant that their communication arrived at I.M.P.A.C.T, INC., which form may include but not be limited to FedEx, UPS, USPS Return Receipt Requested and USPS Certified Mail.
Entire Agreement. The foregoing Participant Terms & Conditions contain the entire terms and agreements in connection with Participant's participation in the I.M.P.A.C.T, INC. Service and no representations, inducements, promises or agreement, or otherwise, between I.M.P.A.C.T, INC. and the Participant not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
Binding Effect. The foregoing Participant Terms & Conditions shall be binding upon and inure to the benefit of I.M.P.A.C.T, INC. and the Participant as well as their respective successors and permitted assigns.