1. ACCEPTANCE OF TERMS
2. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ERRANDTRIBE.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ERRANDTRIBE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF ERRAND-RUNNER'S USE OF THE ERRANDTRIBE.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ERRANDTRIBE.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE ERRANDTRIBE.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ERRANDTRIBE.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ERRANDTRIBE.COM SITE OR THE SERVICE OR ANY LINKS ON THE ERRANDTRIBE.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ERRANDTRIBE.COM SITE OR THE SERVICE OR ANY LINKS ON THE ERRANDTRIBE.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to Errand Runner.
Errand Runner agrees to indemnify and hold errandtribe.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content Errand Runner submits, posts or makes available through the Service, Errand Runner's use of the Service, Errand Runner's violation of the Agreement, Errand-Runner's breach of any of the representations and warranties herein, Errand-Runner's performance [or the lack thereof] of its mandate or Errand Runner’s violation of any rights of another.
4. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
errandtribe.com's failure to act with respect to a breach by Errand-Runner or others does not waive its right to act with respect to subsequent or similar breaches.
Errand Runner understands and agrees that, because damages are often difficult to quantify, if it becomes necessary for errandtribe.com to pursue legal action to enforce any part of the Agreement, Errand Runner will be liable to pay errandtribe.com the following amounts as liquidated damages, which Errand Runner accepts as reasonable estimates of errandtribe.com's damages for the specified breaches of the Agreement:
(a) If Errand Runner posts Content that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents Errand Runner's affiliation with a person or entity; or (3) that includes personal or identifying information about another person or entity without that person or entity's explicit consent, Errand Runner agrees to pay errandtribe.com one thousand dollars ($1,000) for each item of Content posted.
(b) If Errand Runner posts Content in violation of the Agreement, other than as described above, Errand Runner agrees to pay errandtribe.com one hundred dollars ($100) for each item of Content posted. In its sole discretion, errandtribe.com may elect to issue a warning before assessing damages.
Otherwise, Errand Runner agrees to pay errandtribe.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Agreement, errandtribe.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Agreement, or any combination thereof.
5. MODIFICATIONS TO THIS AGREEMENT
errandtribe.com reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Errand Runner must review this agreement on a regular basis to keep apprised of any changes. Errand Runner can find the most recent version of the Agreement at: errandtribe.com
6. GENERAL INFORMATION
The Agreement constitutes the entire agreement between Errand Runner and errandtribe.com and governs Errand Runner's use of the Service, superseding any prior agreements between Errand Runner and errandtribe.com. The Agreement and the relationship between Errand Runner and errandtribe.com shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Errand Runner and errandtribe.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Gregg, Texas. The failure of errandtribe.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Errand Runner agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Upon signing up, errand-runner agrees to pay recurring monthly subscription fees, or lifetime membership fees as described on the subscription page. All sales are final and refunds are at the discretion of Errand Tribe. Should errand-runner choose to purchase a background verification, it should be understood that a background verification, as defined by errand tribe is a credit card AVS check. Errand Runner agrees to hold Errand Tribe harmless over any and all charges to errand Runners credit card related to their subscription to errand tribe.
8. Earnings Disclaimer
You understand and agree that there are important risk factors that should be considered by you when joining Errand Tribe. Errand Tribe (the “Company”) makes NO EARNINGS PROJECTIONS, PROMISES OR REPRESENTATIONS.
You recognize and agree that the Company has made no warranties, promises, suggestions, projections, representations or guarantees whatsoever (expressly or by implication) to you about future prospects or earnings, or that you will earn any money, with respect to your subscription to errand tribe, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what the Company thinks you could possibly earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided.
There is no assurance that any prior successes or past results as to earnings or income will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as "average earnings".
Your success in using the information or strategies provided by the Company, including those made available at the Company’s website, www.errandtribe.com, depends on many factors. The Company has no way of knowing how well you will do, as it does not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, the Company does not guarantee or imply that you will get rich or earn income, that you will do as well, or that you will have any earnings.
You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by the Company to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have.
The Company assumes no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the Company in any form whatsoever.
TESTIMONIALS, CASE STUDIES & EXAMPLES
Testimonials, case studies, and examples found at www.errandtribe.com are exceptional results, do not reflect the typical purchaser's experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. The Company is not responsible for any errors or omissions in typical results information supplied to it by reputable third parties.
Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials.