Terms & Conditions
1. By becoming a member of this service (the "Service"), you become a Subscriber and agree to bebound by this Agreement (the "Agreement"). This agreement is subject to change at any time, and changes are effective upon notice to each Subscriber.
2. Some or all of the following fees and charges may be incurred by the Subscriber: Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms.
3. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the "Service" to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes the "Service" to charge Subscriber's credit card (or other approved facility) for any and all puchases of products, services and entertainment provided by Pebbles of Marathon, Inc. Subscribership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform billing of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss,theft, or unauthorized disclosure or use of an ID or password. Until Pebbles of Marathon, Inc is notified, by e-mail at of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
4. Payment for the appropriate services may be made by automatic credit card debit. Members will be automatically renewed for the original term upon expiration, unless Pebbles of Marathon, Inc is notified via email, along with your UserName and Password, 48 hours prior to membership expiration.
5. Subscription to the Service may be terminated at any time, and without cause, by either Pebbles of Marathon, Inc. d/b/a Disco Dinero or the Subscriber upon notification of the other by electronic mail. Subscribers are liable for charges incurred by them until termination of service.
6. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, Pebbles of Marathon, Inc will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
7. Any liability of Pebbles of Marathon, Inc including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay inoperation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortous behavior, negligence, or under any other cause or action, shallbe strictly limited to the amount paid by or on behalf of the subscriber to Pebbles of Marathon, Inc for the preceding 12 months. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. No warranty is made by Pebbles of Marathon, Inc regarding any information, services, or products provided through or in connection with the Service, and Pebbles of Marathon, Inc and hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information,products, or services; 2) any warranties of merchantability or fitness for aparticular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by Pebbles of Marathon, Inc and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of Pebbles of Marathon, Inc, unless otherwise clearly stated in this Agreement.
10. The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
11. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement.
12. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
13. When you visit and purchase a membership to Pebbles of Marathon, Inc operated sites or provide us your email to request free promotional newsletters and advertising, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
- 14.1 Notices by Pebbles of Marathon, Inc to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages unless otherwise specified in the Agreement.
- 14.2 All questions reguarding new membership by means of electronic message should be sent to Customer Service
15.The subscriber hereby warrants and represents that he or she is over the age of 18 or 21 in some states and in all respects is qualified and competent to enter into this agreement.
16. Arbitration; Governing Law
- It is understood and agreed between Subscriber and Pebbles of Marathon, Inc that this contract shall be preformed in whole or in part in Monroe County, Florida, United States of America, where this Contract was entered into, and the proper jurisdiction and venue for any claim arising hereunder shall be Monroe County, Florida, United States of America. Further by executing this Contract, Subscriber agrees to forego and forfeit its right to trial and instead shall be required to submit any and all disputes arising under this Agreement to mandatory, binding arbitration through the American Arbitration Association. It is further understood that the laws of the State shall govern the construction and interpretation of the terms of this agreement and its performance. The Subscriber has had the opportunity to review the terms of this agreement prior to entry with an attorney of choice, and, as such, the doctrine of contra proferentum shall not apply in the event of any subsequently discovered contract ambiguity.
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