Actify Solutions Terms and Conditions
Payment for services shall be paid to Actify Solutions through automatic payment (ACH) as described in paragraph 9 of this Agreement. Upon notice of cancellation, drafts will continue to be payable until the effective date of cancellation as described in Paragraph 2. If client fails to pay for services within 15 days after the date such payment is due, clients services will be cancelled.
YOU HAVE FIVE DAYS TO CANCEL THIS AGREEMENT. Following those five days, client may also elect to cancel services at any time by giving prior written notice by certified mail addressed to: Actify Solutions, 7855 Fay Ave #340, La Jolla CA 92037. The effective date of cancellation shall be the date of Actify Solutions’s receipt of the notice. Services may not be sold, assigned or transferred by Client. Any such attempted sale, assignment or transfer by client shall be null and void.
You have 5 days to cancel for any reason for a full refund. Thereafter you may cancel at any time for any reason.
The Agreement may be amended or modified only by an instrument in writing; however, Actify Solutions or any assignee of the Agreement is authorized to correct patent errors in this Agreement (and in other related documents).
This Agreement is governed by Federal law and the laws of the state of California.
Client acknowledges and agrees that while client is a Actify Solutions client, and for a 12-month period after cancellation or termination of Actify Solutions service agreement, Actify Solutions may telephone, FAX, e-mail, and/or send prerecorded messages that are distributed by an automatic dialing service device or predictive dialer. These contacts will be limited to matters involving Client ship in Actify Solutions or to receive information of offers related to new services or products. Client further understands that client may revoke this authorization in writing at any time. The provisions of this Agreement are severable, and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provision shall nevertheless be enforceable. Actify Solutions’s failure to enforce any remedy or provision of this Agreement shall not be construed a waiver of such remedy or provision.
Release, Indemnity, and Privacy
Any and all claims, disputes or controversies, whether common law, statutory, equitable or otherwise, which arise out of, or are in any way related to, Client’s Actify Solutions service agreement shall be resolved, at the option of either Client or Actify Solutions , by arbitration in accordance with the Actify Solutions Arbitration of Disputes Agreement. Class or collective actions shall not be permitted in arbitration. Client acknowledges that Client has read and agreed to the Actify Solutions Arbitration of Disputes Agreement, which is available on the Actify Solutions website at www.actifysolutions.com and is hereby incorporated by reference into this Agreement. IF CLIENT DOES NOT WISH TO BE BOUND BY THE Actify Solutions ARBITRATION OF DISPUTES AGREEMENT, CLIENT MUST NOTIFY Actify Solutions IN WRITING BY MAIL TO Actify Solutions, 7855 Fay Ave #340, La Jolla CA 92037, and ATTN: ARBITRATION OPT-OUT. CLIENT’S WRITTEN NOTIFICATION TO Actify Solutions MUST INCLUDE CLIENT’S NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT CLIENT DOES NOT WISH TO RESOLVE DISPUTES WITH Actify Solutions THROUGH ARBITRATION. CLIENT’S DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON CLIENT’S RELATIONSHIP WITH Actify Solutions OR THE DELIVERY OF SERVICES, INCLUDING THE CLIENT BENEFITS, TO CLIENT BY Actify Solutions. IF CLIENT HAS PREVIOUSLY NOTIFIED Actify Solutions OF CLIENT’S DECISION TO OPT OUT OF ARBITRATION, CLIENT DOES NOT NEED TO DO SO AGAIN. Exclusive jurisdiction for all such claims, disputes, or controversies for which either of the parties do not opt to resolve by arbitration, and for all other claims, disputes or controversies shall lie with the Federal and State courts in the State of California.
Client authorizes Actify Solutions to refer Client to Professional Services Organizations ("PSOs"). Client agrees that as part of such referrals Actify Solutions may forward to such PSOs the personal financial information Client provided to Actify Solutions in Client's Actify Solutions Client ship Application. Client understands that there are many such PSOs and that Client is free to choose any such entity to serve Client. Any fees charged by Actify Solutions are not shared with any such entity. Client also understands that where allowed by law, such PSOs may charge a fee, whether hourly, monthly, or otherwise, that is separate from any fees paid to Actify Solutions. Actify Solutions does not provide investment advice, debt management/credit counseling, mortgage brokerage, legal or insurance services. In particular, Client understands and acknowledges that:
- Actify Solutions is not a licensed financial institution or lending agency.
- Actify Solutions does not negotiate with Clients' creditors to compromise or work out a payment structure for existing obligations, and Actify Solutions does not accept payments from Clients for creditors.
- Clients' relationship(s) with any such PSOs are between Clients and those entities. Actify Solutions is not an agent of any such entity. Actify Solutions may provide certain information to its affiliates to enable Client to receive promotional offers that may be of interest to Client, provided that Client may direct Actify Solutions not to share such information by contacting Actify Solutions at 888-689-4373 or by writing Actify Solutions at 7855 Fay Ave #340, La Jolla CA 92037
Actify Solutions Client service fees outlined in paragraph 1 of this Agreement will be paid automatically by electronic fund transfer from Client's checking or savings account. The details with respect to this electronic fund transfer and Client's rights with respect to such transfer are set forth in the Authorization for Electronic Funds Transfer of Actify Solutions Client ship Monthly Service Fees, for which Client has already provided his or her electronic or written consent.