These Terms and Conditions, along with the Order Confirmation (collectively the "Terms" or this "Agreement") describe the terms and conditions on which ICANLearnAutoTrade, ("we", "our" or "IAT") offers a user ("Customer," "Member," "User," "you," or "your") access to the software and service(s) described on its website located at www.ICANLearnAutoTrade.com (the "Services").
By submitting your Order, or by accepting the Terms on-line as provided in the welcome e-mail, you agree to the Terms. We may amend the Terms at any time, and you agree to any such future modifications upon publishing at this site. Your sole option, if you do not agree to the changes, will be to terminate the User Agreement within five (5) days of any notice of change. Otherwise, your continued use of our Services will signify your acceptance of any amended Terms. The Terms may not be otherwise amended except in writing signed by both parties. Further, in the event that a Member fails to expressly accept the Terms on-line, then the Member's use of the Services shall signify the Member's acceptance of the Terms. Throughout this User Agreement, (i) the phrase "in our discretion" or "in its discretion" means in ICANLearnAutoTrades sole and arbitrary discretion and (ii) the term "including" means "including without limitation." Activation of any Service shall indicate Members acceptance of this User Agreement.
Use of the Services is limited to parties that may lawfully enter into
and form contracts under applicable law. Without limiting the foregoing,
the Services are not available to minors. Further, Services are not available
to Users where use of the Services have been suspended or terminated.
2.2. Order Confirmation.
In order to use the Services, you must submit a completed Order on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. Your Order can be submitted through our website, at www.ICANLearnAutoTrade.com (the "Website") or through one of our Referring members replicated pages on the ICANLearnAutoTrade.com web site. In either case, you will receive an Order Confirmation which will summarize your Order, allow you to submit all necessary information for us to perform the Services, and provide a link to these Terms (the "Order Confirmation"). By submitting your Order, you agree to these Terms, and you also represent that (a) you are eighteen (18) years of age or older and, if applicable, (b) you are authorized to bind the corporation, partnership or other legal entity that will be using the Services. Your "Order Confirmation" includes your personal information, credit card information and any services and related fees you select .
3.1. Right to Refuse Services.
ICANLearnAutoTrade may refuse the Services to anyone at any time, in our sole discretion. ICANLearnAutoTrade reserves the right to discontinue, temporarily or permanently, any or all of the Services to anyone at any time, with or without notice. In the event that ICANLearnAutoTrade discontinues the Services because any payment is, or becomes, past due, then ICANLearnAutoTrade reserves the right to collect all outstanding amounts for any month in which the Services were provided (i.e., any month before the Services were discontinued). Otherwise, ICANLearnAutoTrade will refund you the amounts it has charged for each whole month of prepaid service for which ICANLearnAutoTrade refused or discontinued the Services, as such amounts are determined by ICANLearnAutoTrade, only if (i) ICANLearnAutoTrade exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued Services. ICANLearnAutoTrade shall not be liable to you or any third-party for any termination of your access to the Services except as set forth herein.
3.2. Intellectual Property Rights.
You represent that you have all necessary rights to use the business name submitted with your Order and that your use of the name will not infringe upon the intellectual property rights of others. You will be solely liable for violations of this Section. In addition, you acknowledge that ICANLearnAutoTrade retains all rights to any domain names and any other materials of any nature used in the provision of the Services, even if such property was associated exclusively with your business during the term of this Agreement.
3.3. Accurate and Complete Information.
You will provide to ICANLearnAutoTrade only true, accurate, current, and complete information, including, as applicable, your credit card number and other financial information and will update that information to keep it true, accurate, current, and complete. ICANLearnAutoTrade, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of any inaccurate or incomplete information. No refunds will be made as a result of your failure to provide complete and accurate information during your Order.
3.4. General Compliance with Laws.
You will comply with all applicable laws, statutes, ordinances, and regulations
in your use of the Services.
3.5. Advance Consent to Service Term.
Confirmation ("Activation Date"). This Agreement shall automatically renew on a monthly basis at the previous monthly price without further action by you ("Renewal Terms") unless you give ICANLearnAutoTrade written notice of non-renewal in accordance with Section 3.6 below. You will be acquiring the Services for full monthly Renewal Terms, meaning that if you attempt to terminate the Services prior to the end of a Renewal Term, you will be responsible for the full month's charges to the end of the then-current term which will immediately become due and payable. Expiration of the Term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement.
All cancellations must be in writing and initiated via your back-office admin area or by mail to the following address:
2740 SW Martin Downs Blvd, Ste. 227
Palm City, FL 34990
Cancellation requests must be received AT LEAST TEN (10) DAYS prior to
the end of the applicable Contract Term or Renewal Term to be effective.
Cancellations will only be made effective if your account is current on
Cancelling your account will result in the ICANLearnAutoTrade software to immediately cease trading for you. This will have no effect on your exchange account, which you may then close or continue on your own as you determine in your own interest.
3.7 Early Cancellation.
All early cancellations must be in writing and initiated via your back-office admin area or by mail to the following address:
2740 SW Martin Downs Blvd, Ste. 227
Palm City, FL 34990
Early cancellation requests may be made AT ANY TIME during the applicable Term or Renewal Term. In the event that you cancel at any time during a Renewal Term, you agree to pay the full monthly premium for that month .
ICANLearnAutoTrade or its authorized representatives will charge you fees in accordance with the rates contained in the Order Confirmation. The first month's fee will be due and payable as of the Activation Date. You are responsible for paying all fees associated with using the Services and all applicable taxes.
4.1. Changes to Fees.
ICANLearnAutoTrade may only change the Monthly Fees during a Renewal Term
by providing you written notice of such changes. Such changes will become
effective seven (7) days after notice of those changes and will apply
to the current monthly term unless you have provided ICANLearnAutoTrade with
your desire to cancel the Services. In such case, the previously applicable
Monthly Fees will be charged for the final month of Service before termination.
4.2. Credit Cards - Automatic Payments.
You will be required to place a credit card (Visa, MasterCard, American Express, or Discover) on file for automatic billing prior to using the Services. Your Monthly Fees will be automatically charged to your credit card on file. You will be billed a monthly finance charge of the lower of 1.5% or the highest amount permitted by applicable law if your account becomes past due. Your account may be suspended for non-payment. You will reimburse ICANLearnAutoTrade for any costs arising from initiation of collections activity.
4.3. Discounts, Credits and Refunds.
ICANLearnAutoTrade may, in its discretion, offer discounts, coupons or promotions that may reduce applicable fees. Users may request credits to their account by contacting ICANLearnAutoTrades customer service. Credits will be granted in ICANLearnAutoTrades sole discretion. Any refunds will be made in credits to your account. You will not be entitled to a refund in the event ICANLearnAutoTrade cancels the Services for a violation by you of these Terms.
If you rely on dispute or chargeback mechanisms of third-party payment processors and the result of that mechanism causes the Company to be liable for an amount exceeding the price paid for the service (e.g., dispute fee), you authorize the Company to charge that amount on your account.
4.4 Domain Name(s).
At all times hereto, including upon termination, any Domain Name provided to Customer by ICANLearnAutoTrade for use in conjunction with the Services (the "Domain") shall be owned exclusively by ICANLearnAutoTrade. During the Term, Customer agrees that it has no right, title, or ownership interest in the Domain, but instead is leasing the Domain as part of the Services .
5.1 Prohibited Uses.
You agree to use the Services only for lawful purposes. ICANLearnAutoTrade reserves the right to terminate your Service immediately and without advance notice if ICANLearnAutoTrade, in its sole discretion, believes that you have violated the terms of this User Agreement, leaving you responsible for the full month's current charges which will immediately become due and payable .
You will, at your own expense, indemnify, defend and hold ICANLearnAutoTrade, its authorized representatives, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against ICANLearnAutoTrade arising out of or relating to a dispute with you over the Terms and Conditions of an Agreement or related to the purchase or sale of any goods or services; or (d) your violation of any law or the rights of a third party. ICANLearnAutoTrade will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on ICANLearnAutoTrades behalf without the prior written consent of ICANLearnAutoTrade.
Neither ICANLearnAutoTrade nor its suppliers and/or authorized representatives will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if ICANLearnAutoTrade or its supplier or authorized representative is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use the Services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Services .
7.1. Termination at ICANLearnAutoTrades Discretion.
In our discretion, we may immediately issue a warning, temporarily suspend, or terminate your use of the Services if you breach any provision of this Agreement. This Section does not limit any other remedies that may be available to ICANLearnAutoTrade.
7.2. No Agency.
Except for the limited purpose stated in the 'Authority' Section, you
and ICANLearnAutoTrade are independent contractors, and no agency, partnership,
joint venture, employee-employer, or franchisor-franchisee relationship
is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices will be given by support ticket via your back-office admin area or by certified mail to the physical address below (in the case of ICANLearnAutoTrade) or to the email address you provide to ICANLearnAutoTrade in the Order Confirmation (in your case), or such other address as the party will specify. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ICANLearnAutoTrade in the Order Confirmation. In such case, notice will be deemed given three (3) days after the date of mailing.
7.4. Mandatory Mediation Prior to Litigation.
Prior to either party filing any legal complaint and/or legal document in any District Court in accordance with Section 7.5, the parties agree to mediate any dispute arising from this Agreement. Any mediation that takes place in accordance with this section shall take place in Martin County, Florida, unless ICANLearnAutoTrade expressly agrees otherwise in writing. In order to initiate the mandatory mediation, the aggrieved party shall provide the non-aggrieved party with notice of its intent to mediate the dispute (the "Notice"). The Notice shall be dated, and in writing, and shall provide sufficient details of the dispute to apprise the other party of the basis of the aggrieved party's claims. Within ten (10) days of the date on the Notice, (i) the non-aggrieved party shall confirm its receipt of the notice with the aggrieved party, (ii) the parties shall agree upon a length of time for the mediation, which shall be at least one (1) day, but not more than three (3) days, (iii) the parties shall schedule a date for mediation with the aggrieved party, which such mediation shall be not less than thirty (30) days from the date listed on the Notice, but not more than ninety (90) days from the date listed on the Notice, and (iv) the parties shall select a mediator. In the event that the parties cannot agree upon a mediator, each party shall select one name from a list of mediators maintained by any bona fide dispute resolution provider or other private mediator, and the two selected mediators shall then choose a third person who will serve as mediator. The parties acknowledge and agree that any mediated settlement agreement may be converted to a judgment and enforced according to the State of Florida Rules of Civil Procedure. The parties agree to share the mediator's fees equally. In the event that either party hereto fails to cooperate in a reasonable manner in the scheduling and/or facilitation of the mediation contemplated herein, then the cooperating party will have the right to recover from the non-cooperating party its costs and reasonable attorney's fees incurred in connection with any subsequent suit, or other proceeding, including costs, fees, and expenses on appeal.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to the use of the Service,
or these Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
7.5. Governing Law.
Florida law will govern this Agreement, except for the body of law relating to conflicts of law. Subject to Section 7.4, venue for any legal action will be the federal or state courts of Martin County, Florida. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
7.7. Entire Agreement.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
Should the terms of this Agreement directly conflict with any terms summarized in the Order Confirmation, the terms of the Order Confirmation shall prevail.
This TERMS OF SERVICE AGREEMENT ("TOS") is a legal agreement between you, an individual or an individual acting on behalf of your business or employer, a corporation, partnership, or other legal entity, and ICANLearnAutoTrade. Before you use this site, please read this TOS carefully as they govern your use of Services provided at this website. By using the Service, you are indicating your acceptance of and agreement to be bound by all of the terms of the TOS. ICANLearnAutoTrade may modify or revise this TOS from time to time without notice to you. Although ICANLearnAutoTrade may attempt to notify you when major changes are made to this TOS, you should visit this page periodically to review the TOS. Any modification and/or revision of the TOS will be effective when posted on this page. By continuing to use the Service after such modifications and/or revisions are posted, you agree to be bound by such modifications and revisions. If you do not agree with all of the terms of the TOS, then you may not use this service.
(A.) The Service provides you the right to use the proprietary software offered at ICANLearnAutoTrade.com that may enable you to conduct automatic trading of Cryptocurrencies in your own Cryptocurrency Trading Account or Wallet.
(B.) You also understand and agree that the software itself is the core of the Service, and that changes in the performance and availability of operating systems on mobile and computer devices, the Internet, and the World Wide Web, changes in mobile devices, platform and operating systems, and or changes in Crypto Trading services, are beyond the control of ICANLearnAutoTrade and may change at any time.
(C.) You understand and agree that ICANLearnAutoTrade may determine, in its sole discretion, to limit, change, or otherwise modify the use of the Service, including altering, modifying, or upgrading trading algorithms, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You acknowledge and agree that these changes may take place and that ICANLearnAutoTrade shall have no liability stemming from such changes. Any additions or modifications to the Service shall be in the sole discretion of ICANLearnAutoTrade or its system providers and will be subject to this TOS. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Service, including, but not limited to, standard Internet access and mobile carrier charges. ICANLearnAutoTrade uses reasonable efforts to ensure that the Service is available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, repairs, upgrades, failure of telecommunications links and equipment, and emergencies that are beyond the control of ICANLearnAutoTrade. By using the Service, you agree that ICANLearnAutoTrade shall not be liable to you for any modification, suspension, or discontinuance of the Service .
The use of this Service requires successful login to an Account that is licensed by ICANLearnAutoTrade and must be duly registered to the individual accessing the Service. Your password and account designation will be active upon completing the Service's registration and activation process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself, as well as maintain and promptly update any registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ICANLearnAutoTrade has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ICANLearnAutoTrade has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. The Service is not designed for or directed to children under the age of eighteen, (18). Children under the age of eighteen, (18) may not use the Service. Any use of the Service in violation of or not in strict compliance with this TOS shall constitute grounds for the automatic termination of Service and shall equally constitute a bar to your access and use of websites associated with the Service. Upon such termination, you shall destroy any and all materials, computer files, and documentations of the Service in your possession and immediately cease marketing, promoting, distributing, using, or offering for use the Service in any manner that may cause the further use of the Service.
Any monetary consideration you paid to be able to use this Service pays exclusively and specifically for your right to use the software which enables you to conduct automatic trading within your linked Cryptocurrency Trading Account. Any monetary consideration you paid does not give you ownership of any code, aspect, part, or component of the software, and does not pay for any other web-related services. You do not own any part of the software that is used in any part of the Service. No refunds shall be given for discontinued use, unused software licenses, prepaid services, or for any installation, activation, custom or standard programming performed on behalf of an application, website, or domain name that has been configured, used, or prepared to be used to function with the service.
In the event your credit card (or other payment method) cannot be charged (due to expiration or other cause), or your monthly fee is not received in a timely manner, we will attempt to contact you. In the event that we are unable to resolve a lack of payment issue, we will be forced to terminate your account. Upon such termination you will lose access to all software, referral customers, and services .
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICANLearnAutoTrade DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ICANLearnAutoTrade MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ICANLearnAutoTrade DOES NOT AND CAN NOT GUARANTEE THE PERFORMANCE AND AVAILABILITY OF THE WEB SERVICES OR OF ANY AND ALL RELATED SERVICES THAT MAKE MOBILE WEB SERVICES AVAILABLE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ICANLearnAutoTrade OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE OR PRODUCT PROVIDED IN CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOSS OF REVENUES, GOODWILL, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DATABASE RECORDS, PROGRAMS OR SERVICES, EVEN IF ICANLearnAutoTrade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
You agree to indemnify, defend and hold harmless ICANLearnAutoTrade and its officers, directors, employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service providers from any costs, expenses, including, among other expenses, attorneys' fees and expenses, losses, damages, specifically excluding consequential, exemplary, special, indirect or punitive damages, suits, claims, or liabilities incurred and arising from or relating to your marketing, promotion, distribution, use, or offer to use this Service as well as your use of the domain name under which you are marketing, promoting, distributing, or using this Service. You also agree to indemnify and hold ICANLearnAutoTrade, and its officers, directors, employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any and all advertising content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
If you decide to resell, market, promote, offer, or otherwise represent the Service to others, you hereby agree to market, promote, distribute, use, and offer for use the Service in a responsible manner, and agree to the burden of exclusive and absolute responsibility for all your Users. You agree to use only methods, media, materials, and documents approved by ICANLearnAutoTrade, and strictly comply with any and all governmental laws pertaining to the sending of commercial messages via the Internet and telephonic devices. ICANLearnAutoTrade expressly forbids you from marketing, promoting, distributing, using, or offering this Service for use as a tool to deliver unacceptable materials as defined in Section 4 above and/or unsolicited commercial messages sent to personal computers and mobile devices. You may not promote or refer to this Service or to ICANLearnAutoTrade when using any form of unsolicited commercial messages or any messages not approved by ICANLearnAutoTrade. You understand and agree that ICANLearnAutoTrade shall have exclusive and final right to determine the occurrence of any violation regarding these matters, whether by you or your Users, and reserves the right to immediately terminate your right to the Service.
ICANLearnAutoTrade MAY make certain "Marketing Materials" available to you for the promotion of ICANLearnAutoTrade program, which are accessible through your online account manager. Such materials may include banners, buttons, text links, email copy, signature files, etc. and may be updated by ICANLearnAutoTrade from time to time.
Referring Members Covenant to use Company Approved Marketing Materials. The Referring Member agrees and covenants that, in the course of performing the marketing activities on behalf of I Can Auto Trade LLC (the Company) pursuant to this agreement, the Referring Member shall not use any Marketing Materials (as defined below) unless the Company provided such Marketing Materials to the Referring Member. The Referring Member further agrees and acknowledges that, subject to the paragraph that follows, it is prohibited from making any revisions, modifications, edits, or other changes to the Marketing Materials provided by the Company or to create any derivative work or product based on such Marketing Materials or anything contained therein.
Notwithstanding the foregoing, if in the Referring Members reasonable judgment, customized Marketing Materials are necessary or appropriate for the effective performance of the marketing activities on behalf of the Company pursuant to this agreement, the Referring Member may submit such customized Marketing Materials for the Company prior review. The Company may provide support by approving, rejecting, or requiring changes to such customized Marketing Materials at the Companys sole and absolute discretion. The Referring Member agrees that the Company may offer or provide support in respect of the creation of customized Marketing Materials and the manner in which such Marketing Materials may be used in the course of the Referring Members performance of the marketing activities under this agreement, provided that such support shall be provided solely at the Referring Members expense.
For the purposes of this agreement, Marketing Materials means any document or communication (including the scripts for any such communication), including those made in and on magazines, brochures and other print publications, electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast, and satellite, home video and video on demand, radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, telephone, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of the Company, the Referring Member and/or its affiliates and their respective businesses, products, and services.
By entering into this agreement, the Referring Member acknowledges that the Company owns and will retain all right, title, and interest in and to the Marketing Materials provided or approved by the Company and that the Referring Members use of such Marketing Materials shall be solely pursuant to any limited, non-exclusive, non-transferable and non-sublicensable license which may be granted by the Company to the Referring Member.
Confidentiality. The Referring Member acknowledges that by entering into this agreement and performing services hereunder, it may gain access to certain confidential and proprietary information of the Company including, but not limited to, the Marketing Materials (collectively, the "Confidential Information"). Without limiting the foregoing, for purposes of this agreement, all trade secrets and confidential information of the Company will be deemed Confidential Information of the Company. The Referring Member shall maintain the Confidential Information in strict confidence and not disclose any Confidential Information to any other person, except to its employees who (a) have a need to know such Confidential Information for the Referring Member to exercise its rights or perform its obligations hereunder and are bound by written nondisclosure agreements, or (b) to any third parties solely for the purpose of performing the Referring Members obligations under this agreement, and except in accordance with the provisions of this agreement. The Referring Member shall use reasonable care, at least as protective as the efforts it uses with respect to its own confidential information, to safeguard the Confidential Information from use or disclosure other than as permitted under this agreement.
Liquidated Damages.If the Referring Member breaches any of its obligations or covenants under this agreement (the "Breach"), the Referring Member shall pay to the Company an amount equal to Ten Thousand Dollars, [$10,000] (the "Liquidated Damages"). The Company and the Referring Member intend that the Liquidated Damages constitute compensation, and not a penalty. The Company and the Referring Member acknowledge and agree that the Company's harm caused by a Breach would be impossible or exceedingly difficult to accurately estimate as of the time that the parties enter into this agreement, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from a Breach. The Referring Members payment of the Liquidated Damages is the Referring Member's sole liability and entire obligation and the Companys exclusive remedy for any Breach.
You may not promote your affiliation with ICANLearnAutoTrade through the sending "spam" or "bulk email" (unless to your opt-in subscribers or opt-in subscribers of a reputable no-spam mail house). Further, you may not make postings of an advertising nature to any Internet newsgroup, forum, chat room, or other public community, unless that community expressly accepts the posting of such information (almost all do not). ("Signature files," as approved and provided by ICANLearnAutoTrade are excluded from this restriction.) Additionally, any commissions generated as a result of unauthorized or unapproved marketing techniques, materials or methods, are forfeited, and will not be paid to any Referring Member.
We reserve the right to terminate any account, withhold any commissions due, and pay no refunds, for making accusations or false or negative statements about ICAN Auto Trade, its officers, employees, marketers, or Members, to anyone. Any such termination will not relieve us of other legal remedies which we will pursue vigorously. (We hope we never have to do this.)
You may NOT enroll as a Referring Member and then sign up as a Full Member under your own Referring Member account with the intent of earning a referral commission for doing so. Doing so will result in immediate and permanent termination of your Referring Member account as well as forfeiture of any commissions earned.
We reserve the right to change our pricing anytime to run specials and to reflect changing costs and market conditions. The industry is in a constant state of evolution. Thus, we pay commissions on a percentage basis rather than at a flat rate. We also may make available certain special services related to the ICANLearnAutoTrade platforms. These special services generate no referral commissions.
Referral Commissions are paid automatically. You may request disbursement of Referral Commissions via options available in your Members Area, which may change from time to time at the Companys discretion. A thirty day "holding period" is applied on all transactions. The minimum Referral Commission which will trigger payment is Twenty-Five Dollars, ($25.00). Monthly Referral Commissions begin to accrue beginning with the second month on all new customers referred by you.
Commissions will be paid on or about the 25th of each month, following the month in which commissions are generated. Any cancellations or terminations will be debited from the following month's commissions if applicable.
We follow an upfront refund policy to let our customers feel secure and comfortable with any purchase and association with us. Please read the guidelines governing our refund & cancellation policy.
1. On any licensing of software, or activation of any marketing package or training package purchased from ICAN Learn Auto Trade LLC, you have 7 full days from date and time of purchase to decide if it's right for you. If you decide it is not to your benefit, it isn't for you, you change your mind, or for any reason at all, you may request and receive a full no questions asked, 100% money back refund. The no obligation cancellation and refund policy begins immediately upon account activation. Refunds are not available unless request is received within the first seven (7) days of purchase.
2. If you wish to cancel your account, please notify us at least 10 days before end of your term (via the support ticket system available in your back office) .
3. Any monthly subscriptions are renewed automatically on a 30-day cycle. As packages can be purchased separately this may result in separate billings each month for each service or package purchased. You can individually and separately cancel any of our services at any time of your monthly billing cycle, however ICAN Learn Auto Trade LLC does not refund any fees or payments beyond the initial 7-day guarantee.
4. If you stop using our services in between billing terms, we will not refund you the fees paid by you for the remaining term.
5. Any billed service that results in a declined transaction may result in having that service canceled within 24 hours. We will make every attempt for you to rectify payment but it is not our responsibility to remind or notify you of a declined transaction nor to keep any service, product or package available to you after a transaction is declined.
6. Any dispute not first addressed with the company, or any dispute or chargeback of any purchase through third-party payment mechanisms will result in any and all services and/or packages and complete account to be closed immediately without recourse, and the customer, client, or member will be liable for any staff or legal fees to challenge this action, at the rate of $1000 per hour.
By accepting this TOS Agreement, Member expressly understands and agrees that ICAN Auto Trade, its officers, employees, or marketers are not licensed or certified financial advisors, CPA's, attorneys, or tax advisors, and as such have not, or will not offer ANY financial, accounting, legal or tax advice. Any information offered by ICAN Auto Trade, its officers, employees, or marketers is, has or will be offered as nothing more than the opinion of the party tendering such information.
By accepting this TOS Agreement, Member expressly understands and agrees that there are inherent risks involved with any investment, including Cryptocurrencies, which include but are not limited to loss of funds invested. Member expressly understands and agrees that ICAN Auto Trade, its officers, employees, or marketers shall in no way be liable for any losses incurred as a result of the Members use of the Services, or as a result of any information tendered to Member by ICAN Auto Trade, it's officers, employees or marketers.
This TOS constitutes the entire agreement between you and ICANLearnAutoTrade and governs your use of the Service, superseding any prior agreements between you and ICANLearnAutoTrade with respect to the Service. Except as expressly set forth in Section 1, the TOS may be modified only in writing signed by ICANLearnAutoTrade. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement. Any failure by ICANLearnAutoTrade to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. You acknowledge that the TOS and any modifications thereto constitute the complete agreement regarding this subject and supersedes any prior oral or written communications relating to this subject. Report any violation to this TOS to:
I Can Learn Auto Trade Inc.
2740 SW Martin Downs Blvd, Ste. 227
Palm City, FL 34990