Team Ambit Marketing Terms & Conditions

Copyright © 2008 by Team Ambit Marketing All rights reserved.


Overview:

Team Ambit has developed and licenses a system called Team Ambit Marketing  which allows Users to promote a legal and ethical network marketing opportunity and/or Client program and/or opportunities or programs of their choice.  The Team Ambit Marketing system is used exclusively to promote the products and Services associated with Ambit Energy.

Team Ambit operates and manages the Team Ambit Marketing system to assist network marketers in the building of their business on the Web and with various telecommunication systems and methods. Where the words "I" or "We" or "Me" or Us" or "Service" or “Team Ambit” occur and are used herein they are meant to describe Team Ambit. and/or the Team Ambit Marketing System where appropriate. Where the word "You" is used herein it is meant to describe any individual who subscribes to and uses the Service.

Subscription:

You wish to subscribe to and participate in the Team Ambit Marketing and use the Team Ambit Marketing Software (the "Service"). You understand that participation in the Service will involve establishing contractual arrangements with third parties. This site is not affiliated with Ambit Energy, and by signing up for a subscription is done by your own free will.

In order to be an authorized Client of the Team Ambit Marketing, you must agree to abide by all of the terms and conditions contained in this Exhibit ("Client Terms of Service Agreement"). All subscribers must read this agreement carefully and agree to all of the terms and conditions herein before registering and using the Team Ambit Marketing Service.

This Agreement (the "Agreement") is made by and between Team Ambit Marketing, and you, as a Subscriber in the Team Ambit Marketing.

Relationship of Parties:

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on my or our behalf.

Limited License:
Team Ambit Marketing grants to You a personal, non-sub-licensable, non-exclusive license to participate in the Service. As part of the Service, You will have access to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services posted onto the Service by Team Ambit Marketing.

Team Ambit Marketing grants to You a personal, non-sub-licensable, non-exclusive license to use that Content from the Service to promote your Ambit Energy Independent Marketing Consultant Status ONLY.


The Service:
All services provided by Team Ambit Marketing may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any international, United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue.

In consideration of your compliance with the terms and conditions of this Agreement, Team Ambit Marketing agrees to provide the Service to You. Use of the Service constitutes Your agreement with the terms and conditions of this Agreement. You shall not rent, sell, lease or otherwise transfer the Service for the benefit of a third party and You will not utilize the Service in a manner that violates applicable laws of Your jurisdiction. You do not work for, and do not constitute, a government agency or body.

Team Ambit Marketing reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of the changes in the Service or this Agreement will be posted on the Web, or sent via e-mail, or postal mail.

Team Ambit Marketing may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Team Ambit Marketing  may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.

Team Ambit Marketing is not responsible for guaranteeing the delivery of emails sent through the system. Team Ambit Marketing will not be responsible for any delays, blocks, or filters associated with email delivery.

If these operating guidelines or any future changes are not acceptable to you or cause you no longer to be in compliance with this agreement, you may cancel Your Service by sending an email to support.

Your continued use of the Service now, or following the posting of notice of any changes in these operating rules, will constitute a binding acceptance by you of such rules, changes or modifications. Your right to use the Service is subject to any limits established by Team Ambit Marketing in its sole discretion.

Registration for Service, Password and Security:  
To become a Subscriber so you can use the service, you must register by providing us with current, complete and accurate information as prompted by the Signup Form. Paying Subscribers will also choose a password and a site ID name. You shall provide Team Ambit Marketing with accurate, complete and updated registration information. You shall not knowingly provide inaccurate information with the intent to create a false identity.

You also agree not to provide false or misleading information in the administrative panel of the software or your web site. This includes, but is not limited to providing false e-mail address in FROM: field on outgoing emails.

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree not to provide false or misleading information on the Service sign up form. This includes, but is not limited to providing false name or e-mail address.

You agree to notify Team Ambit Marketing immediately of any unauthorized use of your account or any other breach of security. You agree that Team Ambit Marketing is the neutral host of the Service and has no responsibility or liability in relation to the business opportunities that You represent as part of Your use of the Service.

You agree to indemnify, defend, and hold Team Ambit Marketing and its affiliates, officers, directors, employees and agents (collectively, Team Ambit Marketing ") from and against any and all liability, claims, losses, damages, injuries or expenses (including attorneys' fees) directly or indirectly arising from or relating to Your use of the Service and any dispute relating thereto.

You shall notify Team Ambit Marketing at support@ambithomebasedbusiness.com of any known or suspected unauthorized uses of Your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your password. You shall be responsible for maintaining the confidentiality of Your password and you are responsible for all usage and activity on Your account, including use of the account by a third party authorized by You to use Your account.

Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Team Ambit Marketing and referral to the appropriate law enforcement agencies.

You acknowledge and agree that You will promptly notify Team Ambit Marketing if you are aware of any person who, in your good faith opinion, is or is intending to take unfair advantage of the Service provided by Team Ambit Marketing.

Team Ambit Marketing reserves the right to send e-mail to You for the purposes of informing you of applicable Offers, changes or additions to the Service or any related products and services.

Subscriber Privacy:
Your privacy is important to us. Please see our posted privacy policy for more detailed information.

Subscriber Conduct:
Any unauthorized use of the Service, or the resale of the Services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
•    Use the Service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited messages (commercial or otherwise);
•    Harvest or otherwise collect information about others, including email addresses, without their consent; Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
•    Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
•    Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
•    libel, defame or slander any person, or infringe upon any person's privacy rights;
•    Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
•    Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
•    Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
•    Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
•    Interfere with another Affiliate's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or engage in any other activity that Team Ambit Marketing believes could subject it to criminal liability or civil penalty or judgment.

Spam:
You are bound by the spam policy listed here.

Email:
You agree to receive e-mail messages from Team Ambit Marketing.

Forbidden Content:
The Software and communications tools will not host, post or promote ANY website which advocates, encourages, endorses, or makes possible any form of, pornography, gambling, pyramid schemes, illegal testimonials, or any type of business opportunity that is unethical, illegal or otherwise objectionable program whatsoever. Affiliates are prohibited from transmitting on or through any of Team Ambit Marketing's services, any material that is, in Team Ambit Marketing's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.  Affiliates are prohibited from making any income claims or illegal product claims of any sort.  This action WILL RESULT in immediate termination of your account without refund.

Team Ambit Marketing reserves the sole right to ban ANY business opportunity from being promoted through the software.

Should Team Ambit Marketing discover that your site or your communications promote programs of this type in any form this would constitute grounds for immediate suspension or termination of your site, and the loss of your entire lead database.

Team Ambit Marketing does not take responsibility for monitoring any usage of the system. It is your responsibility to ensure that all usage of the system complies with this contract.

Payments:
Team Ambit Marketing also reserves the right at any time to charge fees for access to the Service or the Service as a whole. In the event that Team Ambit Marketing so elects, it shall post a notice at an appropriate location on Team Ambit Marketing's Web site.
By signing up for our website, you authorize us to charge your account on a monthly subscription fee based payment when you sign up.
It is your responsibility to keep your payment information accurate and current with Team Ambit Marketing.  If a monthly payment cannot be processed, You will be given a minimum of 7 business days notice to rectify the situation and make the payment. Failure to rectify the situation within 7 business days will lead to a cancellation of the account as described below.

Submitting/Importing Information:
You represent to Team Ambit Marketing that any and all emails you upload into the system are Opt in and have specifically requested information regarding your opportunity. You also represent than any content you upload to the Service is solely owned by You or provided by You with the express authority of the owners, does not infringe upon any other individual's or organization's rights (including, without limitation, copyright, trademark or intellectual property rights).

Although Team Ambit Marketing provides some encryption to protect certain personal information which is transmitted, You understand that Your uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely Yours. You shall not upload to, or distribute or otherwise publish through the Service any Content, which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. As Team Ambit Marketing does not and cannot review every message created by You, You shall remain solely responsible for the content of Your messages.

Team Ambit Marketing reserves the right to disclose information about sales and usage generated by the Service in forms that do not reveal Your personal identity.

Idea Submissions:
Team Ambit Marketing welcomes specific comments regarding the Service. If You send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Information"), the Information shall be deemed, and shall remain, the property of Team Ambit Marketing.  None of the Information shall be subject to any obligation of confidentiality on the part of Team Ambit Marketing and Team Ambit Marketing shall not be liable or owe any compensation for any use or disclosure of the Information.


Cancellation:
You may cancel service at any time by sending an email to cancellations@ambithomebasedbusiness.com.  Upon termination, Your access to the Service will be suspended. You are responsible for all actions and charges incurred up to the time that the account is deactivated. Affiliate site name and password must be included in the cancellation request. Cancellation will take effect only when Team Ambit Marketing confirms the receipt of the cancellation request.\

It is your responsibility to cancel your account and provide direct notification via the website or via email to Team Ambit Marketing.  Cancellation of your service from any other associated or affiliated program will NOT automatically cancel your agreement with Team Ambit Marketing.  Once Team Ambit Marketing has received your cancellation request, your account (and all future charges) cancelled.
We require a SEVEN-BUSINESS DAY CANCELLATION NOTICE BEFORE YOUR NEXT BILLING DATE. If you fail to submit your cancellation notice with-in the 7-day notice you will be charged again. No refunds or partial refunds will be provided under any circumstances.

You agree that Team Ambit Marketing has the right to delete all data, files, leads or other information that is stored in the Affiliate's account if either Team Ambit Marketing or the subscriber terminates the subscriber's account with the company, for any reason.  In addition, Team Ambit Marketing and its associated companies retain the right to use the data, files, leads, and other information stored in the Affiliate’s account.

Termination:
Team Ambit Marketing may, in its sole discretion, terminate or suspend Your access to all or part of the Service for any reason, including without limitation, breach of this Agreement, or assignment of this Agreement by You.

Upon termination, You shall no longer be entitled to use the Service and the licenses granted hereunder shall terminate and You shall immediately return or destroy all Proprietary Information, but the terms of this Agreement will otherwise remain in effect. Disclaimer of Warranties, Limitation of Liabilities, and Indemnification Team Ambit Marketing does NOT warrant that Team Ambit Marketing web sites and related web sites and/or services will be error free or uninterrupted and we will not be liable for the consequences of any interruptions or errors.

The Team Ambit Marketing web site and Service is distributed on an "as is" basis without warranties of any kind, either expressed or implied. Team Ambit Marketing will not be responsible for ANY losses, damages or costs that you and/or your business may suffer when using the Team Ambit Marketing web sites and related web sites and/or services. You expressly agree to indemnify and hold harmless Team Ambit Marketing from ANY claims resulting from your use of the Team Ambit Marketing websites and related web sites and/or services. You expressly agree that use of the Team Ambit Marketing websites and related web sites and/or services is at your sole risk and you understand such risks are an inherent part of business.

You expressly agree that neither Team Ambit Marketing nor its service providers, affiliates, licensors, employees and/or contractors shall have ANY liability for ANY damages suffered by you, your business or ANY other 3rd party as a result of the use or misuse of the websites and related web sites and/or telecommunication services.


Non-assign ability:
Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. System accounts cannot be transferred or used by anyone other than the subscriber. Accounts, which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation. You are not allowed to let others access and use the Service, nor make your password visible to others. You may not attempt to find out the password of another user of the Service.

Modification:
We may modify any of the terms and conditions contained in this Agreement, at ANY time and in our sole discretion, by posting a change notice or a new agreement on our site. If any modification is unacceptable to you, or If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Team Ambit Marketing in operating the Service, your only recourse is to terminate this agreement by canceling your service. Your continued participation in the program following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.


Arbitration:
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Essex County, New Jersey except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous:
This Agreement will be governed by the laws of the United States and the State of New Jersey, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION:
Team Ambit Marketing makes no warranties of any kind, whether expressed or implied, for the service it is providing.Team Ambit Marketing also disclaims any warranty of merchantability or fitness for a particular purpose.Team Ambit Marketing. will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries or service interruptions caused by Team Ambit Marketing’s negligence or the subscriber's errors or omissions. Use of any information obtained via Team Ambit Marketing is at your own risk. Team Ambit Marketing specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Entire Agreement:

This Agreement constitutes the entire agreement between Team Ambit Marketing and You pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. Any modifications of this Agreement must be in writing and signed by both parties hereto. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Team Ambit Marketing's service constitutes acceptance of these Terms and Conditions.

Independent Investigation:
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

By clicking on the "Complete Registration " button and using the Team Ambit Marketing services you indicate your acceptance of this agreement and its terms and conditions. If you do not agree to all of the terms and conditions of this agreement, then you will not be able to subscribe for a web site.

You can reach Team Ambit Marketing by the following method.
•    Email: support@ambithomebasedbusiness.com all customer support emails will be answered within 24 hours.
Credit Card Information.
It will appear on your credit card statement as Teamforesight.com or Team Ambit.