Use of the Filthy Rich Idea website, FilthyRichIdea.com, is subject to the terms and conditions set forth below. By completing any required form and clicking a “Submit Button” you the “User” represent that you are 18 years old or older and agree to abide by the following terms and conditions. The term “User” refers to any person who accesses the website.

  1. FILTHY RICH IDEA BUSINESS FUNDING

1.A. No Warranties

Due to the fluid and ever changing nature of the information provided by companies that are listed as funding sources, vendors, or credit providers that register with us as having business capital to place or credit to extend, Filthy Rich Idea attempts to verify the information and maintain it in an up to date manner. However, FilthyRichIdea.com neither offers nor provides any warranty to the information provided.

1.B. All Copyrights Reserved

FilthyRichIdea.com along with all services and materials contained therein, including “look and feel” attributes, are Copyrighted by Filthy Rich Idea. All advertisement materials are Copyright by their respective companies. All rights reserved. This site contains proprietary information which is protected by copyright. No duplication, retransmission or storage by any means whatsoever, outside of initial viewing, is authorized without the prior written consent of Filthy Rich Idea LLC.

1.C. Capital Search Disclaimer

FilthyRichIdea.com and all services there on, are offered by Filthy Rich Idea, which makes no claims about the Users ability to derive capital from the service.

Users understand, acknowledge, and agree that FilthyRichIdea.com takes no part in the funding decision making process.

Business Credit Building Users are advised not to advance any fee or to enter into any contractual agreement with any Users representing themselves to be Funding Sources prior to consulting an attorney.

1.D. Funding Source User Disclaimer

FilthyRichIdea.com reserves the right to exclude or suspend from FilthyRichIdea.com those Users representing themselves to be Funding Sources for whatever reason deemed necessary to protect its; Interests, Users, Members, and Partners.

1.E. Usage Agreement

The User hereby agrees to indemnify and hold harmless Filthy Rich Idea and all of its officers, directors and shareholders from any and all liability that may result from the use of the FilthyRichIdea.com website. FilthyRichIdea.com will retain no liability or responsibility in regards to any dealings that may occur between those Users searching for capital and those Users holding themselves out to be Funding Sources. Users are hereby informed that FilthyRichIdea.com does not perform a background search or due diligence check on any of it’s Users. Users are hereby warned to take precautions when entering into any business relationship and instructed to perform their own reasonable due diligence.

  1. FILTHY RICH IDEA AFFILIATE PROGRAMS

2.A. Definitions

Capitalized terms used and not otherwise defined in this Agreement shall have the following meanings:

(I) “Completed Transaction” means the goods or services of the Company ordered by a Customer have been delivered, the return period has expired, and thirty (30) days has elapsed since the goods or services were paid for in full.

(II) “Customer” means any person or party who purchases goods or services on the Site after connecting to the Site from the Affiliate Site.

(III) “Links” means the banner, buttons, coding or other manner in which a Customer is referred by one site to the Site for the purpose of promoting the sale of goods or services on the Site. The Links are prepared so as to track Customers who are directed from the Affiliate Site to the Site and make a purchase which results in a Completed Transaction.

(IV) “Net Sale Price” means the total received in US Dollars (after conversion from non-US currency to US Dollars, if necessary) from the Customer less (a) any tax collected by the Company for or on behalf of any governmental or taxing authority (such as a sales tax or VAT), (b) shipping and handling charges, (c) restocking fees, (d) credit card or other charges by attributable to the payment method used by the Customer, (e) currency conversion fees, or (f) discounts, credit or allowances granted by the Company in its sole and absolute discretion.

2.B. Affiliate Site & Content

With the exception of the Business Financing Affiliate Program, you have sole and exclusive responsibility and liability for the development, operation, maintenance and all materials and content that appear on your Affiliate Site. You shall operate and maintain your Affiliate Site in accordance with all applicable laws, rules and regulations.

In consideration of the Fees, you agree to place one or more of the Links on the Affiliate Site in accordance with the terms and conditions of this Agreement.

We reserve the right to monitor the Affiliate Site to determine if you are in compliance with this Agreement.

Filthy Rich Idea LLC is not responsible to pay any Fees in the event you do not use the Links provided to you by us without modification OR you do not properly install those Links, meaning the traffic will not be properly tracked to reflect that a Customer came from the Affiliate Site.

2.C. Compensation for Your Referred Traffic

Subject to your proper installation and use of the Links, you will be compensated based upon the Completed Transactions from your Affiliate Link. Your compensation (the “Fee”) shall be in accordance with the Payout of Fees located at https://filthyrichidea.com/affiliates.

The Fee will be offset with respect to each Completed Transaction for which (a)Filthy Rich Idea LLC issues discounts, credits or allowances, or (b) there is a chargeback issued against Filthy Rich Idea LLC for any payment previously credited to Filthy Rich Idea LLC.

Filthy Rich Idea LLC reserves the right to refuse an attempted purchase by any person, in the Company’s sole and absolute discretion.  You shall have no claim to any Fee based on Filthy Rich Idea’s decision to not complete transaction with any person who accesses the Site through a Link on the Affiliate Site.

All Fees are payable in U.S. Dollars.

2.D. Fulfillment and Customer Information

Filthy Rich Idea LLC is solely responsible for processing and fulfillment of all orders of goods and services on the Site, which shall be governed by the terms and conditions established by Filthy Rich Idea LLC in its sole and absolute discretion. All information about such orders and the Customers are the sole and exclusive property of the Company.

Additionally, you agree that the Company may collect, process and sell certain information about you.

2.E. Limited License Rights

You agree to place one or more of the Links on the Affiliate Site. Links may contain logos, trademarks, service marks (collectively, “Marks”). Pursuant to this Agreement, Filthy Rich Idea grants you a limited, non-exclusive, non-transferable and revocable license to display the Links on the Affiliate Site, and nowhere else, subject to the terms and conditions of this Agreement. You may not use the Links or the Marks for any other purpose absent the express written consent of Filthy Rich Idea. You may not change, add to or delete from the Links or Marks. You may not use the Marks independently of the Links for any purpose without the Filthy Rich Idea’s express written consent; and you may not use or present the Links in any manner that suggests the endorsement of or by any other goods, services, persons or entities without the express written consent of Filthy Rich Idea LLC. In addition, you agree to not (a) acquire or attempt to acquire, register or attempt to register, make a claim to or in any way use domain names, trademarks, service marks, keywords, handles, screen names or other forms of identification incorporating the Marks; or (b) not to use the Marks in a way that suggests that the source of the Affiliate Site is Filthy Rich Idea LLC.

All intellectual property rights in and to the Marks, and any goodwill generated by your use of the Marks shall inure solely to the benefit of Filthy Rich Idea LLC.

Upon suspension of this Agreement, the rights granted herein may, in the Filthy Rich Idea’s sole discretion, be suspended. Upon termination of this Agreement, the rights granted in this section shall automatically terminate.

2.F. Representations and Warranties 

You represent and warrant that:

(i) You are legally capable and authorized to enter into this Agreement; and, if you represent an entity, all actions necessary to authorize you to enter into this Agreement have been taken. 

(ii) You are the sole owner and operator of the Affiliate Site. 

(iii) The Affiliate Site does not and shall not:

(a) depict anyone less than eighteen (18) years of age;

(b) contain material subject to 18 USC §2257 (but if it does, you will notify us not less than thirty (30) days in advance of such inclusion and you will comply in all respects therewith);

(c) contain any information which you know or reasonably should know is false;

(d) contain or transmit any apps or programs that are or can be installed or downloaded to a Customer’s computer or other device without the Customer’s express and knowing consent as to the exact nature, purpose and function of such apps or programs;

(e) not use Filthy Rich Idea’s name or the Marks in any form of unsolicited communication, including unsolicited email (spam).

2.G. Disclaimers

Filthy Rich Idea LLC makes no representations or warranties as to the Site. To the maximum extent of the law, Filthy Rich Idea disclaims all representations, warranties and conditions, express and implied, including the warranties of merchantability, fitness for particular purpose, title and non-infringement. The Site is provided “as is.”

2.H. Limitation of Liability

IN NO EVENT WILL FILTHY RICH IDEA LLC BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF WE HAD BEEN ADVISED OF SUCH POSSIBILITY.

IN NO EVENT SHALL THE LIABILITY OF FILTHY RICH IDEA LLC ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES PAID TO YOU BY THE COMPANY. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.

For purposes of this section, any reference to the Company shall include Filthy Rich Idea’s affiliates, officers, employees, principals, agents and contractors.

2.I. Term and Termination

This Agreement shall commence upon the last signing by a Party and may be terminated by either Party upon written notice to the other. If we terminate this Agreement due to breach by you, no further Fees shall be paid to you and we may seek such other relief, equitable and legal, as may be available. If you terminate, the Fees due and owing to you shall be paid as provided herein. Regardless who terminates, upon termination, any and all rights and licenses granted by us to you shall immediately cease and you shall immediately stop using and remove the Links and the Marks from the Affiliate Site.

2.J. Relationship

(i) You are an independent contractor with respect to the Company. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between you and the Company. You shall not, in any manner or respect, represent, suggest or convey the impression that you are an employee or agent of the Company, or that the Company has endorsed you and/or the Affiliate site or that you represent the Company in any manner or capacity. You have no authority to and shall not enter into any agreements or obligations purporting to be binding upon the Company.

(ii) As an independent contractor, you are solely and exclusively responsible (a) for all taxes payable with respect to income earned through the Site; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that you are not covered by or eligible for any insurance from the Company; and (c) for ensuring that you comply with any Licensing Authority’s rules or practices.

For purposes of this section, any reference to the Company shall include Filthy Rich Idea’s affiliates, officers, employees, principals, agents and contractors.

2.K. Confidentiality

You promise and agree to hold Confidential Information in strict confidence and in trust for the sole benefit of Filthy Rich Idea, both during the term of this Agreement and at all times thereafter, and shall not use such Confidential Information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties pursuant to this Agreement, without the Filthy Rich Idea’s prior written consent. You shall not disclose any Confidential Information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement, without the Filthy Rich Idea’s prior written consent. You shall use not less than the same degree of care it uses to protect its own Confidential Information, but in any event not less than a reasonable degree of care. For purposes of clarity, your obligations hereunder include taking all actions necessary to ensure that your affiliates, employees, contractors and agents and any other person or party who obtains Confidential Information from or as a result of provider abide by the terms of this section in their entirety.

Confidential Information does not include information that (i) is or becomes publicly known through lawful means; (ii) was rightfully in provider’s possession or part of your general knowledge prior to the effective date of this Agreement; or (iii) is disclosed to you without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from Filthy Rich Idea.

If you are required to disclose Confidential Information by virtue of a lawful court order, subpoena or similar legal request, you will promptly notify Filthy Rich Idea in writing of such requirement and cooperate so that the Filthy Rich Idea may seek an appropriate protective order. You will not use, copy, publish, distribute or summarize any Confidential Information except as necessary to carry out the activities contemplated herein.

2.L. Waiver

You expressly and unconditionally waive any and all claims against Filthy Rich Idea, regardless the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions:

(i) the Site is partially or totally inoperative or inaccessible;

(ii) there are bugs, errors or inaccuracies in the Site;

(iii) a suspension, termination or other action was taken with respect to your account by Filthy Rich Idea even if such suspension, termination or other action resulted in a loss of profits to you;

(iv) any claim relating to a change in this Agreement by Filthy Rich Idea;

(v) withholdings, deductions or offset in connection with payment of Fees due to applicable tax or currency control restrictions.

No waiver by Filthy Rich Idea LLC of any breach by you of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by Filthy Rich Idea LLC in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

You are solely responsible for the security of your Account, and the username and password associated with your Account. You hereby waive and dismiss any claims against us and agree to indemnify, defend and hold us harmless against any unauthorized use of or access to your Account by an unauthorized person using your username and password.

You agree that any dispute you raise shall be as an individual only, not as a class or with or behalf of anyone else. You expressly waive any right to bring a class or collective action, or be a member in a class or collective proceeding. Filthy Rich Idea LLC may take any and all actions necessary to dismiss a class or collective actions or claims thereunder.

2.M. Indemnification

Filthy Rich Idea LLC and its affiliates, owners, principals, officers, employees and agents shall be referred to, collectively, as “the Company Indemnitees.”

You agree to and shall indemnify, defend (with legal counsel reasonably acceptable to the Company Indemnitees) and hold the Company Indemnitees harmless from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them arising from:

(i) any misrepresentation by, or breach of any covenant or warranty of yours contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by you hereunder;

(ii) any non-fulfillment of any agreement by you under this Agreement;

(iii) any suit, action, proceeding, claim or investigation against the Company Indemnitees which arises from or which is based upon or pertaining to your acts or omissions or conduct of business; 

(iv) failure to comply with the terms of this Agreement by you or your employees and agents;

(v) failure to comply with applicable law by you or your employees and agents;

(vi) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your employees and agents; 

(vii) failure to pay appropriate taxes for yourself or your employees and agents (including withholding taxes, if any); or

(viii) the Affiliate Site contains or promotes materials that infringe or violate the copyright or other intellectual property rights of any third-parties.

If any lawsuit, enforcement action or any attempt to collect on an alleged liability is filed against the Company Indemnitees, written notice thereof shall be given to you within ten (10) business days after receipt of notice or other date by which action must be taken; provided, however, that the failure of the Company Indemnitees to give timely notice shall not affect its rights to indemnification hereunder except to the extent that you demonstrate damage caused by such failure. After such notice, you shall be entitled, if it so elects, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of its own choice to handle and defend the same, at your reasonable cost and expense. The Company Indemnitees shall cooperate in all reasonable respects, at your cost and expense, with you and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. You shall not, without the prior written consent of the Company Indemnitees, effect any settlement of any proceeding in respect of which the Company Indemnitees is/are a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit, or other proceeding only involves a remedy for the payment of money by you and includes an unconditional release of the Company Indemnitees from all liability on claims that are the subject matter of such proceeding.

If you shall have an indemnification, defense and hold harmless obligation, as above provided, and shall fail to assume such obligation, then the Company Indemnitees shall have the right, but not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or verdict as the Company Indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment, expense and costs, including reasonable attorneys’ fees, to be reimbursed by you upon demand by the Company Indemnitees.

Filthy Rich Idea may deduct or offset or withhold your Fees if Filthy Rich Idea, in its sole and absolute discretion, determines that you have committed some act that is likely to result in disputes, chargebacks or damages to Filthy Rich Idea to which Filthy Rich Idea would be entitled to indemnification by you.  

2.N. Assignment; Succession

You may not assign this Agreement. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement is binding upon and will inure to the benefit of the successors, heirs and permitted assigns of the Parties.

This Agreement shall be binding upon the Parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officers, employees and/or agents.

2.O. Choice of Law

This Agreement shall be governed by the laws of the State of Wyoming, without regard to its conflict of laws rules or principles.

  1. WEBSITE DESIGN, WEBSITE SECURITY, DOMAINS, EMAILS, & OFFICE 365

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Filthy Rich Idea (“Filthy Rich Idea“) as an agent of Wild West Domains, LLC and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we”, “us” or “our” shall refer to Filthy Rich Idea. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Domain, Emails, & Office 365 Refund Policy

Products purchased from Filthy Rich Idea may be refunded only if cancelled within the refund period specified below in this policy. Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.

Date of the transaction”, for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by Filthy Rich Idea in accordance with the terms and conditions of the applicable product or service agreement.

“Refund Period”, you may cancel a product at any time, but a refund will only be issued if you request a refund with Filthy Rich Idea’s customer service within the refund time frame specified for the applicable product, if available at all.

No Refund After Account Closure. If eligible for a refund, it is necessary for you to request a refund prior to account closure. You may elect to close your account with us at any time, but upon account closure you will no longer be eligible for a refund as otherwise permitted under this Refund Policy.

BRAZILIAN CUSTOMERS: ANY AND ALL PRODUCTS OR SERVICES SOLD BY FILTHY RICH IDEA MAY BE REFUNDED ONLY IF CANCELLED WITHIN SEVEN (7) DAYS FROM THE DATE OF THE TRANSACTION.

EU & UK CONSUMERS: YOU HAVE A STATUTORY RIGHT TO CANCEL PRODUCTS AND SERVICES WITHIN 14 DAYS FROM THE DATE OF THE CONTRACT. HOWEVER, WE ARE ENTITLED TO CHARGE A REASONABLE AMOUNT FOR THE SERVICES THAT WE HAVE ALREADY PROVIDED TO YOU AS AT THE DATE OF CANCELLATION. THEREFORE, A FULL, OR ANY, REFUND MAY NOT BE DUE. PLEASE NOTE THIS DOES NOT AFFECT THE “PRODUCTS WITH SPECIAL REFUND TERMS”, WHERE FULL REFUNDS MAY BE GIVEN, AS APPLICABLE. THIS REFUND POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS

Standard Refund Terms

Annual Plans+ – Within 30 days of the date of the transaction.

Monthly Plans*+ – Within 48 hours of the date of the transaction.

*Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.)
+Security products with remediation service cannot be refunded once a cleanup request has been submitted._

Products with Special Refund Terms

Ad Spend

For SEV Premium, the ad spend and search marketing fees are non-refundable for the current month. We may refund future pre-paid months and future-month additional ad spend and search marketing fees.

Assisted Service

Refundable after the initial three months.

Auction Featured Listings

Refundable during first 24 hours if there are no bids.

Auctions Additional Categories

Refundable during the first 48 hours if there are no bids.

Domain Backorders

If a Domain Backorder credit has been applied to an auction, then it is non-refundable (if not yet applied to an auction, eligible for a refund within 30 days of the date of the transaction).

Domain Name Registrations/Renewals

  1. Standard Terms
  1. Exceptions
  1. Pre-Registrations

Expert Services

If an Expert Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Get Started Service

If a Get Started Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Hosting Services

If a Hosting Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Purchased Product w/ Free Domain or Email

In the event any purchased product includes a free email or domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on Filthy Rich Idea’s website and is not subject to any promotion, discount, or other reduction in price).

Trustee Fees

Trustee fees are refundable if the domain was not successfully registered. Trustee fees, however, are non-refundable upon renewal.

Website Design Services

Web Services: 30% cancellation fee when in progress, 70% cancellation fee when site design is delivered for review, non-refundable once first revision is completed. If not yet performed, eligible for a refund within 30 days of the date of the transaction. Once performance has begun, web service design is considered completed 180 days from the date of the transaction and will not be eligible for a refund thereafter.

Logo Design: 40% cancellation fee when in progress, non-refundable once artwork delivered. If not yet performed, eligible for a refund within 30 days of the date of the transaction. Once performance has begun, logo design is considered delivered 180 days from the date of the transaction and will not be eligible for a refund thereafter.

Website Makeover Services: 30% cancellation fee when in progress, 70% cancellation fee when site design is delivered for review, non-refundable once complete.

Website Care and Marketing Services: If you purchase Website Care or Marketing Services and Filthy Rich Idea has completed 1 or more request(s), during the billing period, your subscription is non-refundable.

If no requests have been fulfilled with the Website Care or Website services, you are eligible for a refund as defined in the “Standard Refund Terms”:

Website Security

Refunds are only available within 30 days of purchase and will only be issued in cases where a manual malware removal was not completed.

WordPress Premium Support

Refunds may be granted if the plan is cancelled prior to the end of the billing cycle and none of the credits have been used. If a Service has already been performed during the month, then that month is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction). Future unused months of the services may also be refunded if the plan is cancelled and a pre-payment was made.

Products Not Eligible for Refunds

3.A. Modification of Agreement, Site or Services

Filthy Rich Idea may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Filthy Rich Idea may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Filthy Rich Idea assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Filthy Rich Idea may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. FILTHY RICH IDEA RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.


3.B. Eligibility; Authority

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Filthy Rich Idea finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Filthy Rich Idea shall not be liable for any loss or damage resulting from Filthy Rich Idea’s reliance on any instruction, notice, document or communication reasonably believed by Filthy Rich Idea to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Filthy Rich Idea reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

3.C. Your Account

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Filthy Rich Idea that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Filthy Rich Idea has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Filthy Rich Idea reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, Filthy Rich Idea recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify Filthy Rich Idea immediately of any breach of security or unauthorized use of your Account. Filthy Rich Idea will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Filthy Rich Idea or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.


3.D. General Rules of Conduct

You acknowledge and agree that:

  1. Your use of this Site and the Services , including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services in a manner (as determined by Filthy Rich Idea in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Filthy Rich Idea or Filthy Rich Idea’s Services.
    • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Filthy Rich Idea.
  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  6. You will not access Filthy Rich Idea Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Filthy Rich Idea may designate.
  7. You agree to back-up all of your User Content so that you can access and use it when needed. Filthy Rich Idea does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  8. You will not re-sell or provide the Services for a commercial purpose, including any of Filthy Rich Idea’s related technologies, without Filthy Rich Idea’s express prior written consent.
  9. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Filthy Rich Idea Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Filthy Rich Idea Content or the User Content therein.
  10. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  11. You are aware that Filthy Rich Idea may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Filthy Rich Idea asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Filthy Rich Idea is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Filthy Rich Idea that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Filthy Rich Idea. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Filthy Rich Idea that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Filthy Rich Idea. Message and data rates may apply.
  12. Without limiting any of the rights set forth elsewhere in this Agreement, Filthy Rich Idea expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Filthy Rich Idea policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Filthy Rich Idea in its sole and absolute discretion).
  13. If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Filthy Rich Idea may cancel any service associated your name, email address or account and close any associated Filthy Rich Idea accounts. If you conducted any fraudulent activity, Filthy Rich Idea reserves the right to take any necessary legal action and you may be liable for monetary losses to Filthy Rich Ide including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact us. 

3.E. Protection of Your Data

Filthy Rich Idea offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Filthy Rich Idea’s Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Covered Services, meets with compliance under applicable data privacy laws.

For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the DPA, please send an email request to privacy@filthyrichidea.com.

Covered Services, as defined in this Section and in the DPA, include hosted services that are subject to the terms and conditions of the following Agreements: (1) Email Marketing Services, (2) Hosting, (3) Online Store/Quick Shopping Cart, (4) Website Builder Services, (5) Workspace Service.

3.F. User Content

Some of the features of this Site or the Services, including those Services that are hosted with Filthy Rich Idea, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Filthy Rich Idea that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Filthy Rich Idea to treat your User Submissions as confidential or secret, that Filthy Rich Idea has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Filthy Rich Idea may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Filthy Rich Idea shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Filthy Rich Idea to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Filthy Rich Idea a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Filthy Rich Idea’s (and Filthy Rich Idea’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Filthy Rich Idea may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Filthy Rich Idea shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Filthy Rich Idea’s (or Filthy Rich Idea’s affiliates’) business(es). If you have a website or other content hosted by Filthy Rich Idea, you shall retain all of your ownership or licensed rights in User Content.

3.G. Availability of Website/Services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

3.H. Product Credits

In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Filthy Rich Idea’s website and is not subject to any promotion, discount, or other reduction in price. For Credits issues for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.


3.I Monitoring of Content; Account Termination Policy 

Filthy Rich Idea generally does not pre-screen User Content (whether posted to a website hosted by Filthy Rich Idea or posted to this Site). However, Filthy Rich Idea reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Filthy Rich Idea may remove any item of User Content (whether posted to a website hosted by Filthy Rich Idea or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Filthy Rich Idea in its sole and absolute discretion), at any time and without prior notice. Filthy Rich Idea may also terminate a User’s access to this Site or the Services found at this Site if Filthy Rich Idea has reason to believe the User is a repeat offender. If Filthy Rich Idea terminates your access to this Site or the Services found at this Site, Filthy Rich Idea may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.


3.J. Discontinued Services; End of Life Policy

Filthy Rich Idea reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Filthy Rich Idea makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Filthy Rich Idea, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Filthy Rich Idea will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Filthy Rich Idea in its sole and absolute discretion. Filthy Rich Idea may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Filthy Rich Idea in its sole and absolute discretion, Filthy Rich Idea will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. Filthy Rich Idea will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

3.K. Beta Services

From time to time, Filthy Rich Idea may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Filthy Rich Idea reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Filthy Rich Idea may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that Filthy Rich Idea may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Filthy Rich Idea; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Filthy Rich Idea. To the fullest extent permitted by law, Filthy Rich Idea disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

3.L. Fees and Payments

You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by Wild West Domains, LLC; if your payment was identified as being processed in Canada, your transaction will be processed by Wild West Domains Canada, Inc.; if your payment was identified as being processed in the United Kingdom, your transaction will be processed by Europe Domains/Hosting Services, Ltd.; if your payment was identified as being processed in India, your transaction will be processed by Universal Domains and Hosting Services India Pvt Ltd. If, during your purchase, your payment was identified as being processed in a country that is not listed above, your transaction may be processed by an entity within the disclosed country that is affiliated with our local payment service provider, and subject to the provisions of our Privacy Policy.

(3.L.I) General Terms, Including Automatic Renewal Terms

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

Price Changes. Filthy Rich Idea reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card, (ii) “Good As Gold Prepaid Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal, (v) International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.

Refunds Issued. You agree that where refunds are issued to your Payment Method, Filthy Rich Idea’s issuance of a refund receipt is only confirmation that Filthy Rich Idea has submitted your refund to the Payment Method charged at the time of the original sale, and that Filthy Rich Idea has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Filthy Rich Idea, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a Filthy Rich Idea check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. Filthy Rich Idea also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.

Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

Auto-Renewal Terms. Other than as required by applicable law, Filthy Rich Idea does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your Filthy Rich Idea account.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, FILTHY RICH IDEA MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.

UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, FILTHY RICH IDEA WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH FILTHY RICH IDEA. IN AUTOMATICALLY RENEWING YOUR SERVICES, FILTHY RICH IDEA WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT FILTHY RICH IDEA CANNOT SUCCESSFULLY CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS “BACKUP” IN YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT FILTHY RICH IDEA’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND FILTHY RICH IDEA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IN ADDITION, FILTHY RICH IDEA MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, FILTHY RICH IDEA WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. FILTHY RICH IDEA MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND FILTHY RICH IDEA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason Filthy Rich Idea is unable to charge your Payment Method for the full amount owed, or if Filthy Rich Idea receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Filthy Rich Idea may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Filthy Rich Idea also reserves the right to charge you reasonable “administrative” fees” for (i) tasks Filthy Rich Idea may perform outside the normal scope of its Services, (ii) additional time and/or costs Filthy Rich Idea may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Filthy Rich Idea in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Filthy Rich Idea staff or by outside firms retained by Filthy Rich Idea; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Filthy Rich Idea as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Filthy Rich Idea.

Filthy Rich Idea may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), Goods and Services Tax (“GST“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

(3.L.II) Refund Policy

Products and Services available for refunds are described here (“Refund Policy”).

(3.L.III) Good as Gold Prepaid services

Service Details. By using Good As Gold Prepaid Services, you may transfer funds to Filthy Rich Idea to fund your Good As Gold Prepaid Services account (“Good As Gold Account”). You may then use your Good As Gold Account to purchase any Services. You may fund your Good As Gold Account by wire transfer.

You acknowledge that funds transferred to your Good As Gold Account will be held by Filthy Rich Idea and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you agree that Filthy Rich Idea shall be entitled to receive and keep any such amounts to cover costs associated with Good As Gold Prepaid Services.

You agree that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars.

Your Good As Gold Account must be funded on an initial basis with no less than funds equivalent to $1,000.00 U.S. dollars.

All payments must be for the full amount required at purchase.

Wire Transfer Details. Wire transfers may be initiated in foreign currency to fund your Good As Gold Account, however the natural currency of the Chase bank account is U.S. Dollars. Foreign currency wires will be automatically converted and deposited in U.S. Dollars. Please note that exchange rate fees may apply.

You are responsible for all wire transfer fees, both incoming and outgoing, associated with your Good As Gold Account. Any non-U.S. wire transfers may be subject to fees by your bank, intermediary banks, or Filthy Rich Idea’s bank, which may reduce the amount of the money received by Filthy Rich Idea’s bank and subsequently funded into your Good As Gold Account. You hereby expressly authorize Filthy Rich Idea(i) to reduce your Good As Gold Account by the amount of wire transfer fees Filthy Rich Idea incurs in order to receive your funds; and/or (ii) to charge a twenty-dollar ($20.00) service fee (“Service Fee”) in connection with the termination of your Good As Gold Account. All fees are subject to change at any time, and such changes shall be posted online and effective immediately without need for further notice to you.

You can verify the remaining funds in your Good As Gold Account at any time through your Account or the shopping cart. Should you decide to terminate your Good As Gold Account (or should Filthy Rich Idea opt to terminate your Good As Gold Account because you have breached an obligation under the Good As Gold Service Agreement), then the balance in your Good As Gold Account will be refunded, net the Service Fee.

Additional funds may be added to your Good As Gold Account at any time.

Your Use of Good As Gold Prepaid Services. Use of funds in your Good As Gold Account can only be made through the Filthy Rich Idea purchase process at Filthy Rich Idea’s website. Purchases may not be made unless there are sufficient, available funds in your Good As Gold Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.

(3.L.IV) Pay By Check

By using Filthy Rich Idea’s pay by check option (“Pay By Check”), you can purchase Filthy Rich Idea Services using an electronic payment (from your personal or business checking account (“Checking Account”), as appropriate). In connection, you agree to allow a third-party check services provider, Certegy Check Services, Inc., (“Check Services Provider”) to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and payment must be in U.S. Dollars.

It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or Filthy Rich Idea reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Check Services Provider nor Filthy Rich Idea shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and Filthy Rich Idea may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). Filthy Rich Idea is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law for each U.S. State. A help article describing the Check Services Provider and outlining the service charges referenced above can be found here. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars.

Filthy Rich Idea and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to Filthy Rich Idea and Check Services Provider. You further expressly authorize Filthy Rich Idea and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.

(3.L.V) International Payment Options

Filthy Rich Idea offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Filthy Rich Idea. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Filthy Rich Idea.

It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or Filthy Rich Idea reserve the right to decline a transaction for any reason and (ii) neither the IPP nor Filthy Rich Idea shall be liable to you or any third party regarding the same. You acknowledge that Filthy Rich Idea will not attempt to fulfill the Services purchased by you until Filthy Rich Idea receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Filthy Rich Idea does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Filthy Rich Idea account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If, at the time Filthy Rich Idea receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Filthy Rich Idea may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Filthy Rich Idea reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Filthy Rich Idea will be net of the IPP Fees unless otherwise specified.

Filthy Rich Idea offers SEPA Direct Debit (“SEPA”) as a payment method for customers located in Germany. If you choose to use SEPA as a payment method, you are authorizing Filthy Rich Idea and Adyen, our payment service provider, to send instructions to your bank to debit your account. By agreeing to these terms you have mandated Filthy Rich Idea to collect all of the applicable charges arising under this Agreement. The authorization shall also apply to any new bank account used by you for purchases from Filthy Rich Idea. We will notify you of the date of direct debit collection within a reasonable time (the “pre-notification”). This pre-notification will be delivered to you by e-mail at least one (1) business day before payment is collected. You are responsible for making sure that there are sufficient funds in your account to cover any debit payments. You also agree to indemnify Filthy Rich Idea against any losses that it may incur if your financial institution withholds payment from Filthy Rich Idea for any reason.

(3.L.VI) In-Store Credit Balances

In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase in your Account; and (2) you authorize Filthy Rich Idea to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account. In the event that Filthy Rich Idea is unable to successfully charge either the Payment Method associated with a specific Service in your account or your backup Payment Methods when processing Service renewals, Filthy Rich Idea may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Filthy Rich Idea is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Filthy Rich Idea’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Filthy Rich Idea may also impose an additional administrative fee.

You can verify your available in-store credit balance at any time through your Account on the Filthy Rich Idea website. You acknowledge that in-store credit balances are non-transferable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance or within any other time period Filthy Rich Idea may specify in your Account. In the event that GoDaddy terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.

You also acknowledge that funds available in your in-store credit balance will be held by Filthy Rich Idea and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you agree that Filthy Rich Idea is entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

(3.L.VII) Expired Domain Name Purchases

For expired domains names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close. If we are unable to collect payment, you may lose the rights to purchase the domain name.

(3.L.VIII) Installment Payments 

If you pay for Services by using an installment payment through an issuing bank, you acknowledge and agree that Filthy Rich Idea shall not be liable to you or any third party regarding any owed interest that arises out of or relates to the installment payment. Any interest amounts that Filthy Rich Idea references in any manner are for convenience purposes only, might vary or be subject to change, and are in the control of a third party. Notwithstanding the foregoing, Filthy Rich Idea shall not be responsible or otherwise liable to you or any third party for disclosing or failing to disclose any applicable interest amount, which you are responsible for determining. Installment payments will only apply to a selected Service term, which may auto-renew for the full amount unless you manually renew the Service term with a subsequent installment payment.

3.M. Additional Reservation of Rights

Filthy Rich Idea expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Filthy Rich Idea in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Filthy Rich Idea in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Filthy Rich Idea, its officers, directors, employees and agents, as well as Filthy Rich Idea’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Filthy Rich Idea, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Filthy Rich Idea’s business, operations, reputation or shareholders.

Filthy Rich Idea expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Filthy Rich Idea expressly reserves the right to terminate, without notice to you, any and all Services where, in Filthy Rich Idea’s sole discretion, you are harassing or threatening Filthy Rich Idea and/or any of Filthy Rich Idea’s employees.

Filthy Rich Idea Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Filthy Rich Idea Content”), are owned by or licensed to Filthy Rich Idea in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Filthy Rich Idea Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Filthy Rich Idea. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Filthy Rich Idea reserves all rights not expressly granted in and to the Filthy Rich Idea Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.


3.N. No Spam; Liquidated Damages

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  1. Email Messages
  2. Newsgroup postings
  3. Windows system messages
  4. Pop-up messages (aka “adware” or “spyware” messages)
  5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  6. Online chat room advertisements
  7. Guestbook or Website Forum postings
  8. Facsimile Solicitations
  9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web. 

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

3.O. Trademarks and/or Copyright Claims

Filthy Rich Idea supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Filthy Rich Idea’s Trademark and/or Copyright Infringement Policy referenced above and available Trademark/Copyright Infringement.


3.P. Links to Third-Party Websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Filthy Rich Idea. Filthy Rich Idea assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Filthy Rich Idea does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Filthy Rich Idea from any and all liability arising from your use of any third-party website. Accordingly, Filthy Rich Idea encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

3.Q. Disclaimer of Representations and Warranties

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. FILTHY RICH IDEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FILTHY RICH IDEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND FILTHY RICH IDEA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FILTHY RICH IDEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

3.R. Limitation of Liability

IN NO EVENT SHALL FILTHY RICH IDEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FILTHY RICH IDEA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL FILTHY RICH IDEA’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

3.S. Indemnity

You agree to protect, defend, indemnify and hold harmless Filthy Rich Idea and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Filthy Rich Idea directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.


3.T. Compliance with Local Laws

Filthy Rich Idea makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

3.U. Disputes, Binding Individual Arbitration and Waiver of Class Actions and Class Arbitrations

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

(I) Disputes. The terms of this Section shall apply to all Disputes between you and Filthy Rich Idea, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Filthy Rich Idea arising under or relating to any Filthy Rich Idea Services or Products, Filthy Rich Idea’s websites, these Terms, or any other transaction involving you and Filthy Rich Idea, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND FILTHY RICH IDEA AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR FILTHY RICH IDEA FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

(II) Binding Arbitration. You and Filthy Rich Idea further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 19 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

(III) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

(IV) Dispute Notice. In the event of a Dispute, you or Filthy Rich Idea must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Filthy Rich Idea must be addressed to: Filthy Rich Idea, 6595 Roswell Rd., Ste G2128, Atlanta, GA 30328, Attn.: Legal Department (the “Filthy Rich Idea Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Filthy Rich Idea and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Filthy Rich Idea may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

(V) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND FILTHY RICH IDEA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR FILTHY RICH IDEA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

(VI) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 19 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option.

(VII) Initiation of Arbitration Proceeding. If either you or Filthy Rich Idea decide to arbitrate a Dispute, we agree to the following procedure:

  1. a. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration atadr.org(“Demand for Arbitration: Consumer Arbitration Rules”).
  2. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
  3. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.

(VIII) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Filthy Rich Idea or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Filthy Rich Idea is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

(IX) Arbitration Fees and Payments.

  1. Disputes involving $75,000.00 or less. Filthy Rich Idea will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Filthy Rich Idea’s last written settlement offer made before the arbitrator was appointed (“Filthy Rich Idea’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Filthy Rich Idea’s last written offer, Filthy Rich Idea will: (i) pay the greater of the award or $1,000.00; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Filthy Rich Idea agree on them.
  2. Disputes involving more than $75,000.00. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
  3. Disputes involving any amount. In any arbitration you commence, Filthy Rich Idea will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Filthy Rich Idea commences, Filthy Rich Idea will pay all filing, AAA, and arbitrator’s fees and expenses. Filthy Rich Idea will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.

(X) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.

(XI) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY FILTHY RICH IDEA BY E-MAILING LEGALOPTOUT@SECURESERVER.NET WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Filthy Rich Idea’s Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in Filthy Rich Idea’s Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.

(XII) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Filthy Rich Idea agree that if Filthy Rich Idea makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Filthy Rich Idea’s address) in these Terms, Filthy Rich Idea will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

(XIII) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

(XIV) Exclusive Venue for Other Controversies. Filthy Rich Idea and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.


3.V. Unclaimed Property; Dormancy Charges

Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) Filthy Rich Idea is unable to issue payment to such customer or (ii) Filthy Rich Idea issued payment to such customer in the form of a paper check, but the check was never cashed, then Filthy Rich Idea shall turn over such account balance to the State of Arizona in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, Filthy Rich Idea may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.


3.W. Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.


3.X. No Third-Party Beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

3.Y. U.S. Export Laws

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

3.Z. Titles and Headings; Independent Covenants; Severability 

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to constru or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

DISPUTE RESOLUTION

To the fullest extent permitted by law, all disputes arising out of and related to this Agreement (“Disputes”) shall be resolved as follows:

Mediation then Arbitration. Any Dispute(s) shall be submitted to mediation conducted in accordance with the rules of the American Arbitration Association. Either Party may initiate mediation by filing a request for mediation with a copy served on the other Party. Neither the attorney-client nor work product privilege shall be deemed to have been waived by any statement or disclosure made in the proceedings. If the Parties have not settled the Dispute by mediation the Dispute shall be settled exclusively by arbitration. The arbitration shall be initiated and conducted pursuant to the arbitration rules of the American Arbitration Association in effect at the time the request for arbitration is made. Arbitration shall be final and binding upon the Parties. Any Party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, no Party shall initiate or prosecute any lawsuit or administrative action in any way related to any Dispute. In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing Party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. The Parties shall maintain the confidential nature of the arbitration proceeding and the award, except as may be necessary in connection with a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. Notwithstanding anything herein to the contrary, either Party shall be entitled to seek to obtain any provisional remedy, including injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such Party’s rights and interests. Affiliate hereby consents to exclusive jurisdiction in and venue in State of Georgia for all proceedings arising out of this Agreement.

Each Party acknowledges that (i) a breach or threatened breach by such Party of any of its obligations under this Agreement would give rise to irreparable harm to the other Party for which monetary damages would not be an adequate remedy and (ii) if a breach or a threatened breach by such Party of any such obligations occurs, the other Party will, in addition to any and all other rights and remedies that may be available to such Party at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from, notwithstanding anything to the contrary contained herein, any court of competent jurisdiction, without any requirement to (1) post a bond or other security, or (2) prove actual damages or that monetary damages will not afford an adequate remedy.   

WAIVER OF JURY TRIAL

Each of the Parties knowingly, voluntarily and irrevocably waives, to the fullest extent permitted by law, all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the actions of any Party in negotiation, administration, performance or enforcement of this Agreement.

REMEDIES

All rights, remedies, undertakings, obligations and agreements contained in this Agreement or available at law, in equity or otherwise, shall be cumulative, and none shall be a limitation of any other remedy, right, undertaking, obligation or agreement.

This Agreement shall be binding upon the parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officers, employees and/or agents.

FORCE MAJEURE

Filthy Rich Idea shall not be responsible or liable for any delay or failure to fulfill any provision of this Agreement if such a delay or failure results directly or indirectly from any act of God, war, riot, insurrection, embargoes, acts of civil or military authorities, fires, floods, explosions, accidents, or any other cause beyond the reasonable control of Filthy Rich Idea.

INTERPRETATION

You acknowledge and agree that you had sufficient time and opportunity to have this Agreement reviewed by your legal counsel. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any party as drafter.

 This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be controlling.

 The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.

COUNTERPARTS

This Agreement may be executed in counterparts, via any means (including facsimile and e-mail), all of which shall be effective, but when taken together shall comprise one agreement.

SEVERABILITY

If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

AMENDMENTS

Filthy Rich Idea may modify or amend the terms of this Agreement at any time by posting such changes on the Site and/or notifying you by email. No such amendment shall be effective until at least thirty (30) days after the posting or email notice, whichever occurs first. Notwithstanding any modification, the rights and obligations of the Parties relating to the consideration to be received hereunder and any fees to be charged as between Parties as to any occurrence prior to the effective date of such modification shall remain unchanged by any such modification.

NOTICES

Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered in Person or sent by registered or certified mail (return receipt requested) or nationally recognized overnight delivery service, postage pre-paid, or delivered via telecopier or facsimile transmission addressed as follows, or to such other address has such Party may notify to the other Parties in writing:

To Filthy Rich Idea:

Fax: 1-800-499-8301

Email: admin@filthyrichidea.com

Notices, demands or requests which we or you are required or desire to give the other hereunder shall be deemed to have been properly given for all purposes if (a) emailed to the Party’s notice aemail,  or (b) delivered via telecopier or facsimile transmission to the Party’s facsimile number. Each such notice, demand or request shall be deemed to have been received upon the earlier of (i) the date and time of transmission if sent during business hours of 9:00am to 4:00pm EST. The Parties shall notify the other of any change in address, which notification must be at least two business days in advance of it being effective. Notices may be given on behalf of any Party by such Party’s legal counsel.  For a notice to be valid and effective, an email copy of such shall notice shall be sent concurrently to the addressee’s email. An email notice alone shall be sufficient upon acknowledgment of receipt by the recipient or the recipient’s reply to such email, direct or indirect.

REGISTERED TRADEMARKS/COPYRIGHT IFRINGEMENT

Filthy Rich Idea, Rich Fridays Podcast, Filthy Rich Mindset, Filthy Rich University for Kids, and Filthy Rich University are all trademarks of Filthy Rich Idea LLC. All other brand and product names are registered trademarks of their respective companies. All rights reserved.

  1. Respecting Intellectual Property Filthy Rich Idea (“Filthy Rich Idea”) supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Filthy Rich Idea is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
  2. Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute about a registered domain name. Any dispute regarding the registration of domain names will need to be sent either to the registrant, to an ICANN-approved arbitration provider, or the court system. Please review our Attorney Tips for more information about submitting copies of court and legal documents to Filthy Rich Idea.

This Trademark/Copyright Infringement policy specifically excludes domain name disputes and has been established to allow reporting of possible violations involving other Filthy Rich Idea products and services.

  1. Copyright and Trademark Claims
  1. To notify Filthy Rich Idea that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
  2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
  1. Trademark Claims
  1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), Filthy Rich Idea requests that the Complaining Party substantiate such claim by providing the following information via email to admin@filthyrichidea.com. The words “Trademark Claim” should appear in the subject line of the email. **PLEASE NOTE: To be considered effective, a notification of a claimed trademark violation must include the following information:
    • The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
    • The jurisdiction or geographical area to which the mark applies.
    • The name, post office address and telephone number of the owner of the mark identified above.
    • The goods and/or services covered by or offered under the mark identified above.
    • The date of first use of the mark identified above.
    • The date of first use in interstate commerce of the mark identified above.
    • A description of the manner in which the Complaining Party believes its mark is being infringed upon.
    • Sufficient evidence that the owner of the website that is claimed to be infringing is a Filthy Rich Idea customer.
    • The precise location of the infringing mark, including electronic mail address, etc.
    • A good faith certification, signed under penalty of perjury, stating:
      1. The content of the website [identify website] infringes the rights of another party,
      2. The name of such said party,
      3. The mark [identify mark] being infringed, and
      4. That use of the content of the website claimed to be infringing at issue is not defensible.
  1. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Filthy Rich Idea will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Filthy Rich Idea is investigating the claim, Filthy Rich Idea, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS,and/or if it is solely stored on a Filthy Rich Idea server, temporarily remove or deny access to the allegedly infringing material.
  2. If Filthy Rich Idea concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the alleged infringer’s Filthy Rich Idea account and/or if it is solely stored on a Filthy Rich Idea server, deny access to the allegedly infringing material. If Filthy Rich Idea concludes that the Complaining Party has not raised a legitimate claim, Filthy Rich Idea will restore access to the allegedly infringing material.
  3. The Complaining Party should understand that Filthy Rich Idea, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of Filthy Rich Idea and its customers to abide by it in the context of domain name disputes.
  1. Copyright Claims
  1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Filthy Rich Idea requests that the Complaining Party substantiate such claim by either: (i) filling out the form available here, or (ii) providing the following information via email to admin@filthyrichidea.com. The words “Copyright Claim” should appear in the subject line of the email. PLEASE NOTE** To be considered effective, a notification of a claimed copyright infringement must be provided to Filthy Rich Idea and must include the following information:
    1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Filthy Rich Idea to locate the material.
    4. Information reasonably sufficient to permit Filthy Rich Idea to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
    5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Filthy Rich Idea will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Filthy Rich Idea is investigating the claim, Filthy Rich Idea, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a Filthy Rich Idea server, temporarily remove or deny access to the allegedly infringing material.
  3. If Filthy Rich Idea concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s Filthy Rich Idea account and/or if it is solely stored on a Filthy Rich Idea server, deny access to the allegedly infringing material. If Filthy Rich Idea concludes that the Complaining Party has not raised a legitimate claim, Filthy Rich Idea will restore access to the allegedly infringing material.
  1. Counter Notification Policy
  1. Counter Notification. If you have received a notice of copyright or trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing admin@filthyrichidea.com and including the following:
    1. An electronic signature of the alleged infringer.
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
    3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
    4. The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Filthy Rich Idea may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.
  2. Upon receipt of a Counter Notification as described in Section 1 above, Filthy Rich Idea shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Filthy Rich Idea will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Filthy Rich Idea first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Filthy Rich Idea’s system or network.
  1. Repeat Infringers
  2. Itis Filthy Rich Idea’s policy to provide for the termination, in appropriate circumstances, of Filthy Rich Idea customers and account holders who repeatedly violate this policy or are repeat infringers of                            copyrighted works, trademarks or any other intellectual property.

*Pricing excludes applicable taxes and ICANN fees.

Any rights not expressly granted herein are reserved.

_____________________________________________________________________________________________________________________________________________________________________________

Filthy Rich Idea Legal Disclaimer and Terms of Service for Business Filing Services

PLEASE READ THIS LEGAL DISCLAIMER AND TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING OUR SERVICES

A visitor to the Website (as defined below), current Customer (as defined below) or prospective Customer is subject to this Legal Disclaimer and Terms of Service (“Terms”), as set forth below.

You and Us

Welcome to Filthy Rich Idea (“Filthy Rich Idea”, the “Company,” “we,” “us,” and “our”). We provide our services (“Services”) online, including via our website at www.FilthyRichIdea.com or any website owned by Filthy Rich Idea (collectively the “Website”), and other forms of communications such as email. Providing information on the Website also constitutes part of the Services.

We use the term “User” or “you” or “your” or “Visitor” or “Customer” to mean any past, current, or prospective customer of our Services as well as any visitor to the Website. These Terms apply to each Customer. There will be no fees for Customers to use the Services unless stated explicitly in these Terms or in other notices from Filthy Rich Idea to Customers such as information on the Website.

These Terms govern your access to and use of our Services. By accessing or using the Services (including accessing the Website), you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may also ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labelled “Add to Cart”, “I Agree” or “Buy Now” or using the Services. Any personally-identifiable information about you or anyone else may be stored on or through the Services (“Personal Data”). So long as you are a Customer, Filthy Rich Idea hereby grants you permission to use the software (“Software”) included in the Website as part of the Services. Your right to use the Software is revocable by Filthy Rich Idea, and is not sublicensable. Moreover, the Software must be used solely for personal use by you.

The information provided in the Website or via any other means of transmission from Filthy Rich Idea is not legal advice, but general information. The content contained on the Website or information contained in any other transmission from Filthy Rich Idea is subject to these Terms.

Filthy Rich Idea reserves the right to change or update these Terms at any time. Changes or updates of these Terms will appear on the Website and/or be communicated to Customer and are effective immediately. Use of the Website or receipt of Services after any such changes constitutes your consent to such changes and updates.

Informational Purposes Only

The purpose and intent of Filthy Rich Idea is to provide you with general information, and not to provide any specific advice (legal or otherwise). The information presented is provided solely for informational purposes and constitutes an advertisement for services. Filthy Rich Idea does not wish to represent anyone desiring legal representation based upon viewing the Website or information provided via email, facsimile, phone conversation, or any other form of transmission. Advertised services will be from partnered legal services. Visitors or recipients of this information should not act upon this information without consulting with legal counsel. None of the information on the Website constitutes professional or legal advice or a recommendation by Filthy Rich Idea, its representatives, agents, or otherwise. Filthy Rich Idea operates exclusively at Customer’s direction and does not offer legal, tax or accounting advice or services, and no information provided by Filthy Rich Idea constitutes legal, tax, or accounting advice.

The transmission and receipt of materials provided by Filthy Rich Idea is not intended to and does not create an attorney-client relationship. Also, providing any of the information made available at the Website or via other forms of transmission does not create a business, legal, or professional relationship.

Information Provided As-Is

Information obtained from Filthy Rich Idea or the Website should NOT be used as a substitute for legal advice from an attorney. It is provided “as is”, is not guaranteed to be correct, complete or up-to-date, and Filthy Rich Idea expressly disclaims all warranties and disclaims any and all liability of responsibility for loss, claim, liability, or damage that is a result of or in any manner related to errors or omissions in the content provided by Filthy Rich Idea or the Website.

Content

Any information, text, graphics, photos or other materials uploaded, downloaded or appearing in connection with our Services or on our Website, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“Customer Content”), you warrant to us that you have all rights necessary to provide your Content to us.

In addition to Customer Content, some of the Content on the Services and Website is owned by us (“Filthy Rich Idea Content”), and by partners and other entities (“Third Party Content”). You may use Filthy Rich Idea Content and Third Party Content for your personal use only. Except for Customer Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any Filthy Rich Idea Content to another website or sharing it with others.

We own Filthy Rich Idea Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than Customer Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than Customer Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. Filthy Rich Idea will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.

Your use of or reliance on any Content or materials posted on our Website or provided to or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or in connection with the Services. We do not endorse any opinions expressed via the Services.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.

You grant Filthy Rich Idea and agree to grant Filthy Rich Idea a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Customer Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any Customer-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content. Prior to providing us with Customer Content, you should retain a copy of Customer Content in a safe place accessible to you.

You are responsible for your use of the Services, for your Content, and for the consequences of what you do.

By Customer providing any email address, phone number, cellular phone number, or any other means of contacting Customer (“Customer Contact Information”), Customer expressly agrees that Filthy Rich Idea can contact such Customer via such Customer Contact Information (including via text messages) for any purpose, including providing information regarding or in connection with the Services, as well as for marketing purposes.

Minimum Age

You must be at least 18 years old to register with us and use the Services. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement. If anyone under the age of 18 (“Young Person”) provides any Content to us, the Young Person’s parent or guardian may contact us. We will delete any Content provided by the Young Person.

Privacy

Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Policy that are current as of the date of your submission.

Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a partner or a third party is subject to the privacy policy or agreements of that partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Policy.

We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to Customer support requests; or (v) protect the rights, property or safety of Filthy Rich Idea, the Services, our customers and the general public.

Third-party Sites

The Website contains links to servers maintained by other businesses and organizations, which exist independently from Filthy Rich Idea or the Website. Filthy Rich Idea cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file a Customer might download from these sites. No such third party is endorsed or recommended by us by virtue of the fact that links to their servers appear on the Website. All accessing and downloading of material from such third party sites is at the Customer’s own risk, for which Filthy Rich Idea is not responsible or liable in any way.

All third party information is provided without any warranty, express or implied, as to its legal effect and completeness.

For the avoidance of doubt, all charges imposed by such third parties – including but not limited to auto-renew fees for registered agent and/or any other services – cannot be reversed, discounted or in any way altered after those charges have been applied to your account.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY FILTHY RICH IDEA, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN ANY WAY.

WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.

Cancellation Policy and Termination

Filthy Rich Idea may, at its sole discretion, refuse or cancel existing Services to any person or entity for any reason, including for misuse of Filthy Rich Idea promotions. For example, if Filthy Rich Idea were to offer a promotion (such as a promotion on state incorporation), such promotion can only be used once by a Customer and attempting to use such promotion more than once by the same Customer is misuse of Filthy Rich Idea promotions. In such a case, Filthy Rich Idea reserves the right to refuse service or cancel any orders in which a Customer is misusing an Filthy Rich Idea promotion by attempting to use such promotion a second time or more. Filthy Rich Idea is not responsible for any damage or loss that may result from Filthy Rich Idea’s refusal or cancellation of Services for any reason.

An order is generally refundable until payment is forwarded to any government entity, such as a state or the U.S. federal government (typically within twenty-four hours after an order is placed), less a $30.00 cancellation fee and less any other expenses which have been paid or incurred in furtherance of an order, including payments to any entities, including state agencies or the Federal government or third party vendors. Once payment has been forwarded to any government entity or third party, Filthy Rich Idea cannot accept any cancellations or any other changes to an order. In the case of trademark filings, once a trademark search has been conducted or payment has been made to the U.S. Patent and Trademark Office, Filthy Rich Idea cannot accept any cancellations or any other changes to an order. To request an order cancellation prior to Filthy Rich Idea making any payments to a government entity or other third party, or prior to a search being conducted for a trademark filing, your order must be in Review status. You must place your order on hold by clicking on the make changes button inside your order confirmation email and if the cancellation request meets Filthy Rich Idea’s requirements as stated above, as determined by Filthy Rich Idea at Filthy Rich Idea’s sole discretion, then Filthy Rich Idea will honor the cancellation. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone or email. Filthy Rich Idea does not dispute legitimate chargebacks. If, however, an illegitimate or improper chargeback (e.g., a chargeback requested after payment by Filthy Rich Idea to a government entity or third party, or after a trademark search has been conducted) is submitted, Filthy Rich Idea reserves the right to take any actions Filthy Rich Idea deems appropriate at Filthy Rich Idea’s sole discretion. Such actions by Filthy Rich Idea include, but are not limited to, cancelling subscriptions or other Services and the dissolution of any entity formed for which payment was charged back or disputed by Customer. Customer shall be liable to Filthy Rich Idea for all costs incurred by Filthy Rich Idea in dissolving such legal entity. If Filthy Rich Idea is unable or unwilling to dissolve such entity, or if payment was made to the U.S. Patent and Trademark Office for a trademark filing, Customer agrees to dissolve such entity promptly or abandon the trademark filing, at the request by Filthy Rich Idea, or be liable to Filthy Rich Idea for liquidated damages in the amount of five hundred U.S. dollars (US$500) plus any and all costs incurred by Filthy Rich Idea to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law. Filthy Rich Idea reserves the right to dissolve any legal entity which is fraudulently formed by any person who uses a third party’s name without authorization from such third party to form the legal entity, and any person who forms such legal entity shall be liable to Filthy Rich Idea for liquidated damages in the amount of ten thousand U.S. dollars (US$10,000) plus any and all costs incurred by Filthy Rich Idea to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law.

We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.

We may restrict, suspend or block the access of any Customer who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Filthy Rich Idea and the Services.

Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated Customers. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.

Auto-renewal Services and Price Changes

Services provided by Filthy Rich Idea may automatically renew to keep a Customer’s legal entity in compliance with state or other government requirements. A current and active credit card on file will be charged by Filthy Rich Idea for the annual renewal of the Registered Agent service. The current Registered Agent service annual renewal fee is available on the Website and the Customer Dashboard (see Website). Customer has the option to cancel the Registered Agent service at any time by assigning a new registered agent with state and notifying Filthy Rich Idea of the change. If such notification is not provided to Filthy Rich Idea by the expiration date of the existing Registered Agent service, Filthy Rich Idea may automatically renew these Services. If Filthy Rich Idea is unable to complete an auto-renewal due to payment failure, Filthy Rich Idea may, at its sole discretion, cancel the Registered Agent service. Credit card information held for purposes of automatic renewal and subscription Services by Filthy Rich Idea will not used for other purposes without Customer consent and permission. Filthy Rich Idea implements reasonable safeguards to protect Customer data pursuant to the Privacy Policy. All prices for Services advertised on Filthy Rich Idea are subject to change at any time without notice.

Lawful Use

Customer hereby agrees, represents, and confirms that Customer will not use the information presented, products, Services or materials purchased from or provided by Filthy Rich Idea to commit fraud or any other illegal act or crime; to mispresent identity or legal purpose; to misrepresent, misstate, or falsify information on legal documentation; to misrepresent or mistake any fact; or in any other unlawful, illegal or improper manner. Customer hereby agrees to be responsible for any costs, including legal fees, incurred by Filthy Rich Idea in the event Customer fails to conform to this requirement. Customer hereby accepts full liability and shall indemnify, defend and hold Filthy Rich Idea, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgments, expenses, and causes of action asserted against Filthy Rich Idea by any person or local, state or federal government agency arising from or out of any event, circumstance, act or incident resulting from Customer’s use or misuse of the information presented, or products, Services or materials provided by Filthy Rich Idea.

Customer hereby agrees and confirms to give Filthy Rich Idea complete authority to sign documents on Customer’s behalf for the purpose of, and not limited to, completing any order or modification thereof on Customer’s behalf.

Filthy Rich Idea reserves the right to investigate complaints or reported violations of these Terms and to take any and all actions it deems necessary or appropriate including the reporting of any suspicious or suspected unlawful or illegal activity to law enforcement, applicable regulators or other third-parties. Filthy Rich Idea may disclose any information necessary or appropriate in this respect, including Customer-submitted information, profiles, email addresses, usage reports, IP addresses, Customer traffic, and other Customer Content.

As a condition to your right to access the Website and to use the Services, you agree to these Terms, including agreeing to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements and to provide accurate information to us and update it as necessary. You also agree to review our Privacy Policy, which may change from time to time as well as review and comply with notices sent by us concerning the Services.

You also agree to not act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content. Furthermore, you agree not to use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services. You will also not override any security component included in or underlying the Services.

Post-Formation Information and Maintenance

Customer acknowledges that Customer is solely responsible for the post-formation maintenance, reporting, filings, and any other documentation required to maintain formation status and/or legal, tax or other required compliance with applicable federal, state or local government agencies or oversight commissions. Customer acknowledges that Filthy Rich Idea may provide Customer with information regarding post-formation maintenance. Filthy Rich Idea may provide updates, notifications and/or reminders to the postal address or email address or cellular telephone number provided by Customer or as a post or alert to Customer’s online account (if applicable) solely as a courtesy and such does not create any liability on the part of Filthy Rich Idea. Filthy Rich Idea is not responsible for: (i) Customer’s action or inaction based on any information provided via email, facsimile, cellular phone text, phone conversation, website posting, alert, or any other form of transmission or communication; (ii) Customer’s failure or inability to receive or access the information; or (iii) Filthy Rich Idea’s decision, in its sole discretion, to cease providing such information. Filthy Rich Idea makes no representation or warranty as to the comprehensiveness or timeliness of the information. Customer acknowledges that it is Customer’s sole responsibility to comply with all applicable state, local, federal, or international laws.

Limitation of Liability

CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL FILTHY RICH IDEA BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY FILTHY RICH IDEA (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES).

TO THE EXTENT PERMITTED BY LAW, NEITHER FILTHY RICH IDEA NOR ANY OF FILTHY RICH IDEA AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID FILTHY RICH IDEA DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.

NEITHER FILTHY RICH IDEA NOR ANY OF FILTHY RICH IDEA AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Waiver and Release

Customer hereby waives, discharges, and releases Filthy Rich Idea of any and all claims, losses, demands, or liability of any kind against Filthy Rich Idea, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or Services of Filthy Rich Idea.

Customer also acknowledges and agrees that when third parties provide fulfillment services on Filthy Rich Idea’s behalf and such services have been appropriately charged to Customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer’s account.

Indemnification

Customer hereby agrees to indemnify, defend and hold harmless Filthy Rich Idea, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with Customer’s use of the information or Services of Filthy Rich Idea. Customer hereby agrees to indemnify, defend and hold harmless Filthy Rich Idea, its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to Services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.

You agree to defend, indemnify and hold Filthy Rich Idea and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“Filthy Rich Idea Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by Filthy Rich Idea in the defense of any claim. Filthy Rich Idea reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Customer will not in any event settle any claim against Filthy Rich Idea or Filthy Rich Idea Affiliates, without the prior written consent of Filthy Rich Idea, which consent Filthy Rich Idea may refuse in its sole discretion.

Choice of Law and Binding Arbitration

In the event of a dispute between you and Filthy Rich Idea, please contact Filthy Rich Idea customer service for resolution. Any controversy or claim arising out of or relating to the use of the Website, information provided on the Website, or via any other means of transmission from Filthy Rich Idea, or advertisement for Services, or any dispute in connection with these Terms or provision of Services by Filthy Rich Idea, or with respect to any other products, services, or materials provided by Filthy Rich Idea, or Customer’s use of the information provided on the Website, shall be submitted for final and binding arbitration (or online dispute/arbitration resolution) to a single arbitrator, provided that: (1) the arbitrator has at least five (5) years of expertise in the field relevant to the nature of the dispute and; and (2) the arbitrator is not or has not been a contract agent or a former employee of either party. In the event the parties are unable to agree on a single arbitrator who meets the qualifications set forth above, then an arbitrator shall be appointed by and/or under the rules of the American Arbitration Association (“AAA”) within ten (10) days of the date on which a party seeks assistance from the AAA in selection of a neutral arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules and procedures of the AAA, and shall physically take place in Atlanta, Georgia or in a location otherwise mutually agreed upon by the parties or via an online forum pursuant to online dispute or arbitration resolution processes. The parties further agree that: (1) the arbitration shall not last more than three (3) days; (2) there shall be no discovery other than the exchange of information and materials provided to the arbitrator by each of the parties, for which there shall only be thirty (30) days to accomplish; (3) the arbitrator’s final decision shall be issued within ninety (90) days after the date of selection of the arbitrator or within such period as the parties may otherwise mutually agree; and (4) except as otherwise expressly stated in these Terms, the arbitrator shall have the authority only to award equitable relief and direct, actual damages, and shall not have the authority to award punitive or consequential damages (including, but not limited to lost profits, special, indirect, incidental, or compensatory damages). Notwithstanding anything to the contrary in these Terms, the arbitrator shall have the authority to award liquidated damages and legal fees and costs and any remedy provided in these Terms in favor of Filthy Rich Idea in situations where a user of the Website has acted fraudulently or willfully (such as by registering a legal entity under a third party name without the third party’s consent), or where a Customer requests a chargeback without sufficient justification as determined by Filthy Rich Idea at Filthy Rich Idea’s sole discretion or after Filthy Rich Idea has paid any third party or governmental entity any funds in connection with the order associated with the chargeback. Each party shall be responsible for an equal sharing of the fees, expenses and costs incurred by the arbitrator, and each party shall be responsible for their own costs and any fees of counsel they incur unless stated otherwise in these Terms. The decision of the arbitrator shall be final and binding and may not be appealed.

These Terms and any action related thereto are governed by the law of the State of Wyoming, and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a Customer. Any dispute between us or arising out of these Terms, the Privacy Policy, the Services, or their performance, shall be determined by one arbitrator in binding arbitration as specified above. The language of the arbitration shall be English.

To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.

Should the arbitrator determine that the dispute is not arbitrable, Customer and Filthy Rich Idea consent to the exclusive jurisdiction and venue of the state and federal courts located in Atlanta, Georgia, U.S.A.

Nothwithstanding anything to the contrary in these Terms, Filthy Rich Idea can, at its sole discretion, choose not to arbitrate a dispute and can choose to file suit in any state or federal court located in Cheyenne, Wyoming or Atlanta, Georgia. In such a case, Customer and Filthy Rich Idea consent to the exclusive jurisdiction and venue of the state and federal courts located in Cheyenne, Wyoming.

General Provisions

Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.

Entire Agreement. These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel of your choice.

No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.

Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of Filthy Rich Idea. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Policy, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Website.

CUSTOMER HEREBY AGREES THAT CUSTOMER HAS READ AND AGREES WITH THIS LEGAL DISCLAIMER AND TERMS AND CONDITIONS IN ITS ENTIRETY.

 

Click here to read our PRIVACY POLICY.