TERMS OF AGREEMENT
I understand that as a DJ's Are Us member:
1800djsareus.com is the trade name of DJ's Are Us.
I authorize DJ's Are Us and its agents, including financial institutions, to initiate electronic debit entries for advertising packages I may purchase from 1800djsareus.com. It also authorizes other charges I may approve, such as purchase of DJ's Are Us products/services. This will remain in effect until I notify DJ's Are Us in writing. Returned checks are subject to a $25 processing. All account information must be in the name of the new Member.
I authorize DJ's Are Us to release listed information about my DJ service to all interested parties at anytime and manner.
I have the right to use the 1-800-DJS-ARE-US telephone number and logo in my marketing and ad materials only with the following information listed near it: Independent 1800djsareus.com Member.
I have the right to leads from DJ's Are Us from my specified choice of telephone area code location(s). I understand that these leads are not to be sold to, or used by directly or indirectly, by any other party other than the DJ's Are Us Member(s) listed on the bottom of this Agreement for the purpose of providing DJ services.
I will only advertise in my local service area (within a 75 mile radius of my office address) in which my own In-House DJ's (NOT Subcontractors) are used to service clients.
1800djsareus.com/DJ's Are Us does not guarantee any results from using this site or from being a member of 1800djsareus.com/DJ's Are Us. Also, 1800djsareus.com/DJ's Are Us does not make any warranties or claims regarding the creditworthiness, accuracy or truthfullness of the leads you may recieve from 1800djsareus.com/DJ's Are Us.
If I fail to comply with the terms of this agreement or intentionally misrepresent DJ's Are Us, its products or services,
DJ's Are Us may, at its discretion, terminate my membership or impose upon me other disciplinary action. If I am in breach, default or violation of this agreement at termination, I shall not be entitled to any of the services/products from DJ's Are Us.
If I fail to pay for products or services when payment is due, I authorize DJ's Are Us to charge my credit cards, or debit my checking accounts, if any, which I have authorized DJ's Are Us to charge. I understand that the failure to promptly pay for products/services constitutes a breach of this Agreement.
I agree that as a DJ's Are US Member I am an independent company owner, and not an employee, agent, partner, legal representative or franchisee of DJ's Are Us. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for or in the name of DJ's Are Us. I understand that I shall control the manner and means by which I operate my DJ service, subject to my compliance with these Terms and Conditions, the DJ's Are Us Policies and Procedures. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long-distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF DJ'S ARE US FOR FEDERAL OR STATE TAX PURPOSES. Membership does not authorize DJ's Are Us to represent my DJ services in any way that would make DJ's Are Us obligated to produce employment. Membership is a means of marketing my services through the DJ's Are Us products/services.
To the extent permitted by law, DJ's Are Us, it directors, officers, shareholders, employees, assigns and agents, shall not be liable for, and I release DJ's Are Us and its affiliates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of: (a) my breach of this Agreement or the DJ's Are Us Policies and Procedures;(b) the promotion or operation of my DJ service and any activities related to it;(c) any incorrect or wrong data or information provided by me; or (d) the failure to provide any information or data necessary for DJ's Are Us to operate its business. I agree that the entire liability of
DJ's Are Us and its Affiliates for any claim whatsoever related to the relationship with DJ's Are Us shall be limited to the amount of the annual membership fee. DJ's Are Us is not responsible for the DJ services provided by it's members or the creditworthiness of it's leads.
This Agreement constitutes the entire contract between DJ's Are Us and myself. Any promises, representations, offers or other communications not expressly set forth in this Agreement are of no force or effect. To the extant of any conflict or inconstancy between this Agreement and any other agreement (other than the Policies and Procedures), this Membership Application and Agreement shall supersede and prevail over any term of any other agreement as to the matters addressed herein. To the extent that any conflict or inconsistency between this Agreement and the Policies and Procedures (in their current form or as subsequently modified), the Policies and Procedures shall in all instances supersede and prevail over any term of this Agreement as to the matters addresses herein.
I understand that I have the right to terminate my Membership at any time, with or without reason. I agree that such termination must be in writing (email or snail mail) or cancelled directly by me via my PayPal Account. Links to cancel are posted on www.1800djsareus.com.
I understand that my membership will automatically renew for successive monthly, semi annual or yearly subscriptions (depending on my initial subscription choice), without notice to me, unless and until I cancel my membership or DJ's Are Us terminates it.
I understand that I must cancel my membership before it renews every month, semi-annually or yearly (membership type depends on initial subscription choice) in order to avoid billing payment of the next monthly, semi-annual or yearly subscription fee.
I understand that there will be NO REFUNDS issued on any paid subscriptions.
I agree to honor any coupon (up to $30.00 in retail) issued by DJ's Are Us on my behalf.
I understand I will perform my obligations as a Member with honesty and integrity. I will notify DJ's Are Us to any changes of my information.
I understand that DJ's Are Us reserves the right to refuse or expel any prospective or current member who may directly or indirectly compete with it's services.
I understand that DJ's Are Us can expel any DJ service/member from it's services for any reason at DJ's Are Us discretion. Such reasons for membership refusal or expulsion includes but is not limited to: a Re-booking company.
I understand that Members can only advertise in their local service area (within a 75 mile radius from their office address) in which their own In House DJ's (NOT subcontractors) are used to service clients. In addition, I understand that Member DJ's/DJ Companies who operate nationwide, must have multiple membership accounts with local addresses and telephone numbers in their DJ listing that fall within the 75 mile radius of their advertising areas.
I have read carefully and agree to comply with DJ's Are Us Policies and Procedures which are incorporated into and made part of these Terms and Conditions. I understand that I must be in good standing, and not in violation of any of the terms of this Agreement, in order to be eligible for any leads or any other product/service provided from DJ's Are Us. I understand that these Terms and Conditions including rates may be amended from time to time, and I agree that any such amendment will apply to me. Notification of amendments shall be published in official DJ's Are Us materials and communicated to its Members. The continuation of my Membership shall constitute my acceptance of any and all amendments.
Upon acceptance of this application by DJ's Are Us, I am authorized as a DJ's Are US Member as of the date of this Membership Application. The term of this agreement is either Month to Month, Semi-Annual or 1 year plan based on the payment subscription plan I have selected. If I fail to pay for my DJ's Are Us Membership via the Monthly, Semi-Annual or Annual subscription payment plan, I understand that I will be subject to permanent loss of my rights as a Member, including rights to my leads.
Any waiver by DJ's Are Us of any breach of this Agreement must be in writing and signed by an authorized officer of DJ's Are Us. Waiver by DJ's Are Us of any breach of this Agreement by me shall not operate or be constituted as a waiver of any subsequent breach.
In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
I may not assign any rights or delegate my duties under this Agreement without the prior written consent of DJ's Are Us. Any attempt to transfer or assign this Agreement without the express written consent of DJ's Are Us renders this Agreement voidable at the option of
DJ's Are Us and may result in termination of my Membership. I understand that DJ's Are Us reserves a right of first refusal on any attempted transfer of ownership of my Membership, which it may exercise at its sole discretion.
This Agreement will be governed by and construed in accordance with the laws of the State of Illinois. Except as set forth in the
DJ's Are US Policies and Procedures, all disputes and claims relating to DJ's Are Us, its products or services, the rights and obligations of the Member and DJ's Are Us, or any other claims or causes of action relating to the performance of either a Member or DJ's Are Us under the Agreement of the Policies and Procedures shall be settled totally and finally by arbitration in Oak Lawn, Illinois, or such other location as DJ's Are Us prescribes in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. If a Member files a claim or counterclaim against DJ's Are Us, a Member shall do so on an individual basis and not with any other Member or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may, if need be, reduced to a judgment in any court of competent jurisdiction. This Agreement to arbitrate shall survive any termination or expiration of the Agreement.