Terms and Conditions

Terms of Use

These Terms of Use constitute a legal agreement between you and Remote Control Marketing, Inc. ("Remote Control Marketing").

The Remote Control Marketing Web Site, any coaching products, programs or services (the "Coaching Services"), and any other publications in printed or digital form and the Products and Services from time to time offered by Remote Control Marketing (as defined below) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Remote Control Marketing Web Site and any such Products and Services constitutes your agreement to all such terms, conditions, and notices.  Remote Control Marketing does not guarantee success in any form.  Your success is determined by your own marketing abilities.

MODIFICATION OF THESE TERMS OF USE

Remote Control Marketing reserves the right to change the terms, conditions, rules and regulations applying to and notices under which the Products and Services and the Remote Control Marketing Web Site are offered, including but not limited to the charges associated with the use of them. All changes shall be effective and deemed accepted by all users upon posting of such changes on the Remote Control Marketing Web Site. That version of these Terms of Use will then apply to all use by you following the date of publication. Each access of information from the Remote Control Marketing Web Site and the Products and Services will be a separate, discrete transaction based on the then prevailing terms. These Terms of Use and the license granted by it may not be assigned or sublet by you without Remote Control Marketing's advance written consent.

LINKS TO THIRD PARTY SITES

The Remote Control Marketing Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Remote Control Marketing and Remote Control Marketing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Remote Control Marketing is not responsible for webcasting or any other form of transmission received from any Linked Site. Remote Control Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Remote Control Marketing of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Remote Control Marketing Web Site, you warrant to Remote Control Marketing that you will not use the Remote Control Marketing Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Remote Control Marketing Web Site in any manner which could damage, disable, overburden, or impair the Remote Control Marketing Web Site or interfere with any other party's use and enjoyment of the Remote Control Marketing Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Remote Control Marketing Web Sites.

USE OF COMMUNICATION SERVICES

The Remote Control Marketing Web Site may contain bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Remote Control Marketing has no obligation to monitor the Communication Services. However, Remote Control Marketing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Remote Control Marketing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Remote Control Marketing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Remote Control Marketing's sole discretion.

MATERIALS PROVIDED TO Remote Control Marketing OR POSTED AT ANY Remote Control Marketing WEB SITE

Remote Control Marketing does not claim ownership of the materials you provide to Remote Control Marketing (including feedback and suggestions) or post, upload, input or submit to any Remote Control Marketing Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Remote Control Marketing, its affiliated companies, licensees and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Remote Control Marketing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Remote Control Marketing's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH REMOTE CONTROL MARKETING, ANY COACHING SERVICES, THIRD PARTY TOOLS AND THE REMOTE CONTROL MARKETING WEB SITE (COLLECTIVELY "the "PRODUCTS AND SERVICES"), MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, "BUGS", FLAWS, FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. REMOTE CONTROL MARKETING AND/OR ITS SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

REMOTE CONTROL MARKETING AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDING THE REMOTE CONTROL MARKETING WEB SITE AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALL PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND. REMOTE CONTROL MARKETING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL REMOTE CONTROL MARKETING AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS INTERRUPTION OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE, PERFORMANCE, AVAILABILITY, USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED THROUGH ACCESS OR USE OF THE PRODUCTS OR SERVICES OR ON THE REMOTE CONTROL MARKETING WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR SERVICES, THE REMOTE CONTROL MARKETING WEB SITE OR ANY RELATED PRODUCTS, INFORMATION OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REMOTE CONTROL MARKETING OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICABLE PRODUCTS AND SERVICES AND TEMINATING YOUR SUBSCRIPTION FOR THEM IN ACCORDANCE WITH REMOTE CONTROL MARKETING'S CANCELLATION AND TERMINATION POLICIES THEN IN EFFECT AND POSTED ON THEIR REMOTE CONTROL MARKETING WEB SITE. REMOTE CONTROL MARKETING'S MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE PIRCHASE OR USE OF THE PRODUCTS OR SERVICES OR THE REMOTE CONTROL MARKETING WEB SITE OR ANY CONTENT APPEARING ON ITS WEB SITE SHALL BE A REFUND OF ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE MONTH DURING WHICH ANY CLAIM, DAMAGE OR ALLEGED CLAIM ARISES.

SERVICE CONTACT: info@remotecontrolmarketing.com

TERMINATION/ACCESS RESTRICTION

Remote Control Marketing reserves the right, in its sole discretion, to terminate your access to the Products and Services and the Remote Control Marketing Web Site and the related services or any portion thereof at any time, without notice. These terms of use constitute an enforceable legal agreement which is governed by the laws of the U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Mecklenburg County, North Carolina, U.S.A. to hear and resolve all disputes arising out of or relating to the use of the Products and service and the Remote Control Marketing Web Site. Use of the Products and services and the Remote Control Marketing Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Remote Control Marketing as a result of this agreement or use of the Products and services and the Remote Control Marketing Web Site. Remote Control Marketing's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Remote Control Marketing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Products and services, the Remote Control Marketing Web Site or information provided to or gathered by Remote Control Marketing with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Remote Control Marketing with respect to the Products and Services and the Remote Control Marketing Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Remote Control Marketing with respect to the Remote Control Marketing Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Remote Control Marketing Web Site are: Copyright © 2009 - 2010 by Remote Control Marketing, inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

 

Limitation On Use of Information

You agree to use content or information obtained from the Products and Services and Remote Control Marketing's Web Site only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and you will in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, posting on a web site, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Remote Control Marketing, and all information to which you have access through password-protected areas of Remote Control Marketing's Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

 Copyright © 2009-2010 Remote Control Marketing, inc. All rights reserved.

 

DISCLAIMER: THE PERFORMANCE EXPERIENCED BY THE USER COMMENTS AND TESTIMONIALS ON THIS PAGE AND/OR OUR WEBSITE IS NOT WHAT YOU SHOULD EXPECT TO EXPERIENCE. COMPANY HAS NOT INVESTIGATED OR SUBSTANTIATED ANY OF THE USER COMMENTS OR CLAIMS. SOME OF THE USERS MAY, IN SOME CASES, BEEN INCENTIVIZED TO SUBMIT THEIR COMMENTS, AND COMPANY HAS NOT VERIFIED THE FIGURES QUOTED IN THEM.

 

WEBSITE USER AGREEMENT

This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that Remote Control Marketing (“Remote Control Marketing, Inc.”) will provide to you (“the User”).

By accessing www.RemoteControlMarketing.com (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorised to do so) the User should not use the Site.

If the User has any questions they should contact Remote Control Marketing, Inc. at customerservice@remotecontrolmarketing.com.

Services and Fees Remote Control Marketing, Inc. shall provide Free and Paid-for Content. Remote Control Marketing, Inc. reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.

Any new member of RemoteControlMarketing.com has a full 30 day free trial.  After this free trial has ended, you will be billed $99 (“The Fee”) for your first month of your paid membership.  The User must provide Remote Control Marketing, Inc. with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to Remote Control Marketing, Inc. the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment Remote Control Marketing, Inc. reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, Remote Control Marketing, Inc. may immediately terminate or suspend access to any Paid-for Content and/or the Site. Remote Control Marketing, Inc. will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for a Paid-for Content will come into effect when the Username and Password are issued to the User. The User having paid the Fee for a subscription for the supply of Paid-for Content for a defined period the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights.

Registration, Passwords and Privacy

The use of the Site signifies the User’s consent to Remote Control Marketing, Inc. collecting and using personal information about the User in accordance with Remote Control Marketing, Inc.’s Privacy Policy. The User can read the Privacy Policy at http://www.remotecontrolmarketing.com/static/privacypolicy. The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content the User will be asked to provide Remote Control Marketing, Inc. with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information. Remote Control Marketing, Inc. is entitled to rely on this information to provide Paid-for Content. The User will also be requested to create a Password in a format specified by Remote Control Marketing, Inc. (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify Remote Control Marketing, Inc. immediately by contacting Remote Control Marketing, Inc. at customerservice@remotecontrolmarketing.com. If Remote Control Marketing, Inc. has reasonable grounds for believing that the User has misused or is misusing the Password, Remote Control Marketing, Inc. may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as Remote Control Marketing, Inc. is satisfied that the security of the Site is no longer compromised by the User’s activities.

Limitations on Use of the Site

All content and services provided by Remote Control Marketing, Inc. belongs to Remote Control Marketing, Inc. Remote Control Marketing, Inc. owns all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services.

The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by Remote Control Marketing, Inc. or its licensors.

Limitation of Liability and Indemnity

The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither Remote Control Marketing, Inc. nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Remote Control Marketing, Inc. has been advised of the possibility of such damages. Remote Control Marketing, Inc. shall be in no way be held responsible for any monetary value exceeding membership costs. The User expressly agrees that the downloading of any material form the Site is at the User’s own risk. Neither Remote Control Marketing, Inc. nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Remote Control Marketing, Inc. has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While Remote Control Marketing, Inc. will use reasonable efforts to include accurate and up to date information on the Site, Remote Control Marketing, Inc. makes no warranties or representations as to its accuracy or completeness. Remote Control Marketing, Inc. is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by Remote Control Marketing, Inc. or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. Remote Control Marketing, Inc. reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party [other than Remote Control Marketing, Inc.] who is involved in the workings of the Site, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site. From time to time Remote Control Marketing, Inc. will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by Remote Control Marketing, Inc. and the User agrees that Remote Control Marketing, Inc. shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on Remote Control Marketing, Inc.’s Site are at the User’s sole risk and responsibility and Remote Control Marketing, Inc. expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.

Indemnity

The User agrees to indemnify, keep indemnified, defend and hold Remote Control Marketing, Inc. and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. Remote Control Marketing, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim. Consequences of Breach of these Terms In the event that Remote Control Marketing, Inc. considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site. Third Parties The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of SubHub Limited. Proper Law and Jurisdiction This Agreement and all matters arising from it shall be governed by and construed according to the laws of the United States of America, England and Wales and shall be subject to the [exclusive] jurisdiction of the courts of United States of America, England and Wales.

Entire Agreement

This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.