P40 | Professionals Under Forty Network Terms & Conditions
1. Membership Privileges: Upon acceptance of the Membership Agreement by P40, each Member shall be entitled to limited rights and privileges through P40 based on the term and classification of membership for which Member is subscribed. Member will remain responsible for obligations, covenants and agreements set forth in this Agreement. Annual and/or Monthly Membership fees may be changed at anytime at the sole discretion of P40. In the event Member fails to pay any amounts owed prior to usage, Member agrees to pay a service charge of $5.00 for each occurrence.
2. P40 Rules, Regulations, Policies & Fees: Members hereby agree to have their picture taken and maintained by P40 and agree to use their P40-issued member name tag to enter P40 for each P40 event, show additional forms of identification if requested, pay for fees prior to use, have a form of payment on file with P40, and use the facilities and equipment of P40, based on membership classification, at their own risk in accordance with Rules and Regulations as set forth in this Agreement and/or as posted on www.p40network.com. Member agrees to pay all fees and penalties incurred by himself/herself. All payments are to be made out to either P40 or PROFESSIONALS UNDER FORTY NETWORK, LLC or as specified by P40 and will not include an individual's name. Member will be guaranteed to remain at the initial rate specified on this Agreement for a period of 3 years, after which may change without notice from P40. Monthly and Annual membership payments will be automatically debited from member’s account on a recurring basis. P40 reserves the right to make changes to P40 member terms and conditions without notice.
3. Acknowledgment of Assumption of Risk, Release and Indemnity Agreement: P40 shall not be liable for any damages arising from injuries or damages sustained by Member, including minor children and Members’ guests, in, on or about the premises of P40 or a P40 sponsored event. Each member, by accepting membership in P40 and the use of its contracted venues, represents that she or he is in good physical and mental condition and is able to use the venues and services provided and accepts these risks and assumes full responsibility for any injuries or damages to herself or himself, to any minor children or guests in, on or about P40 premises, and agrees to abide by all rules and regulations currently in effect and posted in P40 or P40 sponsored events or which may be promulgated by the staff relating to the operation and use of P40 equipment, facilities and services. Each Member, including children, who uses P40 hereby and forever releases and discharges P40, its owners, employees and agents from any and all claims, demands, damages, rights or causes of action present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of delays, malfunctions, business referrals, event referrals, any solicitations, viruses, promotional/campaign delays, campaigns, advertisements, consultation, service referral, data loss, hosting service failure, or downtime that may occur with any service offered or rendered by P40 and its affiliates and agrees to pay all attorneys fees and other expenses incurred by P40 in connection therewith. Member represents and warrants that she or he is authorized to enter into this agreement on behalf of all past, present or future guests of member who will use P40 under this Membership Agreement. Web System/Delays/Program Errors and Downtime:
4. Denial/Suspension/Termination of (Member's) Membership by P40: P40 reserves the right to deny, suspend, and/or terminate any membership. P40 reserves the sole right to refuse and/or immediately suspend and/or terminate any and all P40 services and/or Membership and/or Guest privileges without reason or cause. Any member that commits to participate with any campaign or donation associated with any cause or organization that is referred or solicited through P40 that fails to fulfill their commitment on more than (2) occasions will be cause for termination from P40.
5. Termination of Membership by Member: Membership may not be terminated by Member unless: 1) Member moves more than 45 miles from P40 to a new permanent residence, or 2) in cases in which there is a permanent physical disability, or 3) after twelve (12) months of membership, Member provides three (3) days prior written notice of cancellation to P40. Upon approval of P40, a pro rata refund of advance payments received may be allowed by P40, less a 15% termination charge. In cases in which there is a temporary physical disability of ninety days or more, membership may be suspended from 30 days after a written request is received by P40 for the duration of the disability and be reactivated thereafter without payment of an Initiation Fee. There are no refunds for cancellations of permanent court time or initiation fees. If member requests cancellation of a monthly membership, member must advise P40 in writing of any cancellation request within three (3) business days from the next renewal date on this agreement. Member must specifically state that they do not wish to be bound by the terms of this agreement. Member will still be responsible to pay P40 all fees owed to P40. Upon cancellation P40 is not required to store any members' graphics, documents or files of any kind or transfer them to the member. If member reinstates an account with P40, P40 is not required to restore any information, documents or files from the previous account after cancellation.
6. Dishonored Check or Bank Draft: If any check, draft, EFT, credit card, or other payment to P40 is not honored, in addition to other remedies available, P40 has the right to: 1) assess a service charge of $30.00 for each check, EFT, credit card or draft so dishonored to reimburse P40 for costs of collection; and 2) immediately collect the entire balance due for all dues and fees to the end of the membership year, and Member agrees to pay said costs to P40 promptly upon request.
7. Unpaid Balances: All fees and costs are due, and shall be paid, in advance of usage. Balances which are over 30 days past due are subject to a 1.5% Monthly service fee (Annual rate is 18%). In addition to other rights P40 shall have, P40 reserves the right to: 1) Collect the current and past due balance in any subsequent month; 2) Collect the entire balance due for any fee, service or program immediately; 3) At any time, including immediately, suspend all P40 Usage of Member ; and 4) Recover from Member any collection fees, attorney fees, usage fees, and court costs as allowed by law. Payments owed that are not paid longer than 30 days may cause the Member’s account to automatically cancel and no cancellation notification will have to be sent to Member by P40. Member's account may also be automatically cancelled and all P40 responsibilities relieved if no contact with Member is able to be made by P40 by e-mail lasting longer than 40 days. Member will be held responsible to fulfill the entire agreement of any signed agreements with P40. P40 may retain all access codes with any web related files, programs, service files or any services purchased by P40 on behalf of the member, if any payments are owed to P40.
8. Provided Member is in good standing and all fees and charges are current, membership may renew at the discretion of P40 and all applicable fees for the renewal term shall be due. P40 may refuse renewal or terminate Membership anytime and without cause. If Membership is cancelled by P40 without cause, a prorated share of pre-paid membership fees may be returned.
9. Interviews or Video Production Services (Voluntary services performed by P40 if applicable): Member may be included in interviews or various productions developed by P40 or its partners and affiliates. Member understands that any and all footage captured by P40 of member is owned by P40. P40 may use any footage captured within or including member projects or ordered services and any such footage, productions or tapes for other productions/campaigns (i. e. radio, television, film festivals, World Wide Web, exhibitions, related advertisements), and educational purposes as P40 determines (if applicable). Member hereby grants and transfers to P40 all rights, title, and interests in any interview and video documentary by P40 for member, including without limitation the literary rights and the copyright. Member hereby releases P40, its affiliates, production staff, and their legal representatives from all claims and liability relating to said documentary. P40 agrees to retain the integrity of the interviewee's member image and voice. Member attests that they voluntarily agreed to be interviewed and that this document contains the entire and complete agreement concerning the use and preservation of member's interview.
10. Design or Print Services (if applicable): All paid and completed design layouts will be given two revisions.
11. Print Orders (if applicable): Final delivered print counts/quantities may vary. P40 will not be responsible for any print orders that may be slightly less in print count. (i. e. member orders 5,000 posters and the order is short by 2 posters.) P40 is not responsible for any print orders that include any slightly bent/damaged print pieces, shipping delays, or due to member not supplying needed information by an advised deadline. P40 will not exchange or switch out one purchased service for another once the initial service payment has been made or the work order for services has been signed. P40 will not render any design files for any project developed by P40 to the member. Member will only receive a graphic view of any ordered print product or graphic design within a PDF proof to obtain all members approval.
12. Promotional Related Services (If applicable): Member may be notified before or after a campaign has run but it is not mandatory by P40 to send any notifications to Member. Member cannot change promotional messages once member has approved their original content. All content updates within any promotional campaign must only be submitted via email to firstname.lastname@example.org. If member does not have all information to include in their promotion delivered to P40 by the designated deadline as advised by P40, the campaign may run with no company information and no refunds will be granted (if applicable).
13. Calendar Submissions: Member understands that not all submitted calendar events may be listed on the P40 website as they need to be approved by P40. Member understands they are not guaranteed to receive a member highlight from P40 as member highlights are chosen at random.
14. Offering Special Promotional Incentives or Offers (If applicable): If member participates with any promotion campaign or discounted services with P40 and it’s clients, partners or affiliates, member must honor any promotional offer.
15. Clearances: Member acknowledges that they have all necessary rights and authorizations needed for any content, company logos, images, videos, or special promotion items that may be used with any services or special promotion offered by P40, its divisions, or associates that is purchased by member. Member will not reproduce or use any web content, video, print proofs, logos, service brands, designs or layouts from P40 or any P40 campaign without the written permission of P40. By participating or purchasing any service from P40 or its division's members company, service details, project name and/or logo may be listed on any promotional media, documents, media kits, and websites that will be determined by P40.
16. Additional Services: Member is responsible to pay all amounts associated with any services ordered or requested by members. Member will be responsible to pay for any services that are ordered or requested by member giving P40 a verbal commitment by phone, with a P40 representative or within a meeting. Ordering additional services require additional service agreements that member is required to sign in order to use that service.
17. No Guarantees: Please be advised that P40 does not guarantee the outcome of any of the services rendered by P40 on members behalf. For obvious reasons, P40 cannot guarantee your personal or business success through obtaining or participating in any service or consultation offered by P40 or its affiliates. No refunds will be granted under any circumstances for any services rendered in association with P40. Members will always be a member and not an investor, co-creator or partner of P40.
18. Photography: If P40 performs photography services for member that is a part of a membership service or voluntarily, P40 owns the rights to these photos. P40 reserves the right to use any photography (images) taken of member in other promotional campaigns and projects as will be determined by P40.
19. Requests/Updates (If applicable): Member must allow up to 72 hours for any update request to be serviced or responses to a general inquiry and is ultimately dependent on P40's current work flow. Member's account must be current for update requests and service development to be rendered. All graphics, documents, and content for web related updates must be submitted to email@example.com and must be in a JPG, PNG, or GIF format and must be at least 300dpi.
20. Editing/Proofing: Member is responsible for editing and proofing all content given to P40 to use in any part of member's project or service.
21. Delays (If applicable): Member order(s) or project(s) may be delayed if P40 is waiting on content or images that the member must supply.
22. Consultations and Meeting Requests (if applicable): All requests for consultation or meetings must be submitted via email to firstname.lastname@example.org. Consultation and meeting services will not be rendered if the P40 office is closed, during holidays, or for company travel. Member consultation given by P40 may not exceed the limit listed on member work order or quote or hourly development consultation fees will be charged. After the Member’s email has been received, P40 will determine the route of communication with Member. Any meetings or phone conversations with P40 are not to be tapped, audio taped or videotaped without written or email consent from P40 or automatic cancellation may apply. P40 reserves the right of creative control and direction over all designs, public / private sponsorships, creative services, press highlights, promotional/public relations campaigns or any services created by P40 that member uses.
23. Member Ethics: Member shall not and agrees that he or she will not, directly or indirectly, do any of the following: 1) Do anything, or convey any information whatsoever, that would tend to discredit, dishonor, reflect adversely upon, or in anyway injure the reputation or image of P40, its service divisions, affiliates, members or clients, 2) Present sponsorship materials, P40's formats, documents or presentations to third parties or other organizations or any membership based groups. Members must always conduct themselves in a professional manner when being associated with P40. Member will not hassle or solicit their services to other P40 members by phone or by e-mail. Three unresponded emails or phone calls will be considered solicitation harassment. Member may be ultimately removed from P40 for solicitation harassment that is reported by other P40 members. Member agrees to report any concerns or conflicts member may have to P40 via email to email@example.com. Member will not interfere or solicit any of P40's listed corporate or organizational partnerships, sponsors, service affiliates, or present any information or attempt to alter a pre-established business relationship as being associated with P40. Member agrees that they will not seek to mimic or duplicate service concepts, graphic layouts, creative ideas, and procedures that were created within P40 for P40 or P40 members for themselves or third party companies or organizations for a period of (5) Five years from termination of member’s membership. Member may be removed from P40 for any professional misconduct, misrepresentation or acts that misrepresent P40 and no refund of any fees will be granted. P40 reserves the right to reject sponsorship or support requests from P40 members participating in any unethical practice such as illegal activities or any activity that P40 determines to be an inappropriate behavior.
24. Member Business and Services Directory: Member may promote and advertise their services to other P40 Members and by providing a discount or other offer on their advertised services. Member discount shall be exclusively available to P40 Members only. Member will be allowed up to four changes per year to their member directory. If any additional changes are requested additional service fees will apply. No additional components will be added to web profiles other than what is approved by P40. Web Profiles are the property of P40. Ordered services are not transferable.
25. Brand Ambassador Program: Members that were initially introduced to join P40 by referral through an association with a company or organization that is included in the Brand Ambassador program, that referring company or organization of that member will be mentioned or promotionally tagged with that member if P40 selects that member to be highlighted. Methods used to highlight any member are determined solely by P40.
26. Member must, at all times, reveal to P40 all decision making parties associated with their account that may be handling their account before and after signing this agreement. Member will not mark any e-mails or mailed literature to member by P40 orits affiliates as spam or unsolicited information.
27. This Agreement may be executed in separate counterparts, each of which shall be considered an original, and all of which together shall constitute one agreement. A copy of this Agreement or any signature hereto shall have the same force as the original.