This Membership Agreement (“Agreement”) is entered into on the date of acceptance by and between Garage Door Galaxy, located at [Address] (“Company”), and the subscriber to one of the Company’s premium plans (“Member”), collectively referred to as “Parties.”
1. SERVICES OFFERED The Company provides premium membership plans through its website, Garage Door Galaxy, which lists garage door installers across the United States. The Member subscribes to one of the following annual plans:
- Marketing Pro
- Amplifier
- Accelerator
The specific services provided to the Member under each plan may vary according to the selected tier and are described on the Company’s website.
2. TERM OF AGREEMENT This Agreement will commence on the date the Member purchases a premium plan and will continue for one year unless terminated earlier by either Party as provided in this Agreement. The Agreement may be renewed annually upon the Member’s continued subscription.
3. FEES AND PAYMENT The Member agrees to pay the applicable annual fee for the selected plan, which is due at the time of subscription. The fee is non-refundable except as outlined in the “Termination” section of this Agreement.
Failure to pay renewal fees on or before the renewal date will result in termination of services.
4. MEMBER RESPONSIBILITIES The Member agrees to:
- Provide accurate and up-to-date business information for their listing.
- Maintain the quality and integrity of their services to clients.
- Comply with all applicable laws and regulations in their jurisdiction.
The Member is solely responsible for ensuring their content is accurate and will promptly update any changes.
5. COMPANY RESPONSIBILITIES The Company agrees to:
- Provide the Member with the services included in their selected plan.
- Maintain the website to ensure it is functional and accessible to users.
- Update the directory as needed to keep it relevant.
6. INTELLECTUAL PROPERTY The Member grants the Company a non-exclusive, royalty-free license to use, display, and promote the Member’s business name, logo, and related content on the website. All intellectual property rights related to the website remain the sole property of the Company.
7. TERMINATION Either Party may terminate this Agreement with 30 days’ written notice to the other Party. In the event of termination by the Member before the end of the annual term, no refunds will be provided. The Company reserves the right to terminate this Agreement immediately if the Member breaches any of its terms, engages in illegal activity, or damages the Company’s reputation.
8. LIMITATION OF LIABILITY The Company will not be liable for any indirect, incidental, special, or consequential damages resulting from the Member’s use of the website or services. The total liability of the Company, whether in contract, warranty, tort, or otherwise, is limited to the amount paid by the Member for the annual plan.
9. DISPUTE RESOLUTION In the event of a dispute arising under this Agreement, the Parties agree to first attempt resolution through good faith negotiations. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in South Carolina.
10. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of South Carolina, without regard to its conflict of law principles.
11. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the Parties regarding the subject matter herein and supersedes all prior agreements, whether oral or written.
By subscribing to a premium plan, the Member agrees to the terms of this Agreement. The subscription confirmation serves as the Member’s acceptance of these terms.