Terms of Use

This Agreement contains the terms and conditions for the use of Instant Albert and the Instant Albert.com Internet Site.   As used in this Agreement, "we," "us" "ours", "IA"  and “InstantAlbert” refers to Digital Moses, LLC, its affiliates, subsidiaries,  directors, officers, employees, agents or contractors. "You" and  'yours' refers to the User or entity using this Site.  "Web Site" or "Internet Site" or "Site" refers to the Instant Albert intelligence bot, to all viewable pages (including headers, all graphics, buttons, links, and text), underlying program code, and accompanying service and documentation.  By accessing, browsing, or using this Site, you acknowledge that you have  read and understand and agree to be bound by the terms contained herein.  In addition you agree to comply with all applicable laws and regulations  which may govern your use of this site.

Certain other information concerning IA's policies and  procedures are included throughout the Web Site.  Those statements are included herein by reference.

General Terms of Use

Equipment- User must provide all equipment necessary to establish a connection to the World Wide Web and is responsible for any telephone charges or fees associated with such access.

Relationship to Third Parties - Unless specifically indicated, IA is not an agent of any third party and has not authorized any third party to act as its agent for any purpose.

Relationship to User - By virtue of this Agreement, IA is not engaged in any agency, joint venture or other such relationship with any User.  Neither party shall make any representation that suggests otherwise.

Recording Conversations and Monitoring E-mail - For our mutual protection, you understand, agree, and expressly consent to our electronic recordation of any of your telephone conversations with us and to our monitoring your electronic communications with us.

No Advice or Endorsement - Information contained on this Site is not intended to provide legal, accounting, tax or other professional advice, nor is it intended to offer an  opinion concerning the suitability of any provider of  services or products.  Our  description of products is not an endorsement of those products.  Any decision you make concerning the selection of services on our Site  will be based solely on your own evaluation.

User Conduct

In addition to other terms contained elsewhere in this Agreement, you agree that your use of this Site is solely for lawful purposes and assume  complete and total liability for any damages to yourself or others arising out  of your use of this site.  You affirm that you are in compliance with all state and local laws governing your  activities.  You further agree to assist us in compliance with federal,  state and local authorities.

As a User on our Site, you assume responsibility for your actions and  the actions of your own employees or agents.  By using this Site, you affirm that you have the authority to act on  behalf of yourself and your organization and to bind yourself and your organization to the terms contained  herein.  In the absence of such  authority, you agree to be personally bound by these terms.

You are prohibited from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to derive the  source code for the operation of this Web Site or creating derivative works  there from.  For purposes of this  Agreement, "reverse engineering" means the analysis of the Web Site to  determine its source code, structure, organization, internal design, algorithms  or encryption devices.

CashBack

A. Basic Requirements For Membership. To maintain a membership in the cashback service, you must meet the following requirements and InstantAlbert reserves the right to terminate the membership of anyone who fails to meet these requirements on an ongoing basis. If your account is terminated, under no circumstances will you be paid for earnings that violate the terms of this membership agreement or for any earnings if your account balance is below $20:

A.1) You must be 18 years of age or older to participate.

A.2) Activity Level. You must earn cash in your CashBack account at least once in any continuous six month period. You must teach InstantAlbert at least 10 items a month to redeem your cash.  InstantAlbert reserves the right to terminate your account at any time if this activity level is not met, resulting in the loss of any accumulated earnings.

A.3) Approved Territories . The InstantAlbert CashBack Service is currently available only in the United States and Canada. You must be physically located within the United States or Canada while using the InstantAlbert CashBack Service, be a legal resident of the United States or Canada and have a physical mailing address in the United States or Canada.

A.4) One Account Per Member. You may only sign up once and maintain one membership. InstantAlbert reserves the right to terminate duplicate accounts, resulting in the potential loss of accumulated credits;

A.5) Provide Accurate Information. You must provide InstantAlbert with valid contact and residential information and promptly update such information should it change or should additional information be required by InstantAlbert for tax-related purposes or any other reason required by applicable law. InstantAlbert reserves the right to request verification of, and you agree to be subject to verification of any of the information provided by you for enrollment with and continued use of the services provided by InstantAlbert. You may not impersonate or misrepresent your identity. InstantAlbert reserves the right to terminate any account, and associated membership, containing untruthful information. InstantAlbert is not responsible for lost payments or communications due to your failure to provide InstantAlbert with valid contact information;

A.6) Enrollment. To the full extent allowed by applicable law, InstantAlbert at its sole discretion and for any or no reason may refuse to accept applications for membership.

A.7) InstantAlbert Newsletter and Other Emails. By signing up for InstantAlbert, you are opting-in to receive InstantAlbert newsletters and other special offer emails. If you do not wish to receive these emails, you may opt-out at any time, by updating your account information.

A.8) Accounts are Non-Transferable. Your password and account are personal to you and are not transferable; you may not allow anyone else to use your password or account or to receive payments to you; you may not use anyone else's password or account or act to accrue earnings for anyone else's account; you are responsible for keeping your password secret. InstantAlbert will not be liable for losses that are incurred through the use of your password by a third party or the disclosure of your password or account.

A.9) Termination And Cancellations. InstantAlbert at its sole discretion and for any reason or no reason at all may terminate any Member without prior notice including, but not limited to, (a) any violation of any provision of this agreement; (b) aiding in or promoting circumvention of the InstantAlbert Service; (c) acting against the business interests or reputation of InstantAlbert; (d) otherwise acting unlawfully in relationship to InstantAlbert, the InstantAlbert website or the InstantAlbert Service; (e) breach of our Spamming Policy; (f) inactivity (defined as the failure to earn any cash in your InstantAlbert account) for a continuous six-month period; or (g) any other reason at the discretion of InstantAlbert. If your account is terminated by InstantAlbert, you may not re-enroll or join under a new account unless formally invited to do so by InstantAlbert. You may cancel your Membership at anytime by notifying InstantAlbert at info@instantalbert.com or using the "Terminate my Membership" on the InstantAlbert website. If you decide to cancel your membership and later wish to re-enroll, you will be assigned a new account number and You will not receive credit for referrals made using Your previous account.

B. Your Relationship To InstantAlbert. By filling out the membership information, you are applying to receive a service. Your relationship to InstantAlbert is one of a customer. No employee-employer, joint venture or independent contractor relationship is created by your use of the Service. You are fully responsible for filing local, state, or federal or any other taxes, if applicable, on any compensation received as a result of your participation in the Service. When/If your annual earnings through the InstantAlbert Service reaches $500.00 through CashBack, and referrals, InstantAlbert will request your social security number and other appropriate tax-related information to use to comply with federal and state tax regulations. InstantAlbert may not pay out cash earned in excess of the $500 limit without receiving this information from you.

Spam Policy

Spamming is sending unsolicited email to someone who did not request it and whom you have had no prior contact. Posting inappropriate messages on the Usenet or on Message boards is also spamming.

InstantAlbert strictly forbids the sending of unsolicited emails of any kind to gain referrals. Do not send emails about the InstantAlbert service to those you do not know.

If we find, at our sole discretion, that you are spamming, we will terminate your membership and make you ineligible for any new membership. You will also lose any money currently in your account. If you are caught spamming, all accounts below you will not be affected but those above you will not benefit. Furthermore, you may be subjected to state and federal penalties and other legal consequences.

The bottom line is that spam cannot and will not be tolerated by InstantAlbert. If you know of someone who has violated our Anti-Spam Policy, please contact us at info@instantalbert.com. Please include a copy of the spam message and a brief explanation.  

Information & Accuracy

While IA attempts to convey accurate information on this  Site, the information contained may contain errors.  IA  disclaims any and all liability for the adequacy, completeness, timeliness or accuracy of information and materials on the Site  and disclaims liability for errors or omissions in the information and  materials.  Information in this context includes, but is not limited to, text, graphs, links, items, calculators or other information contained on the  Site as well as other applications you may access through this Site.  You are advised to confirm the accuracy of such information before  relying on it in any way.

Links & Advertisements

IA  contains links to other sites on the World Wide Web.  We assume no liability for any damages which may arise as a  result of any Users' access to another site through IA. IA  does not investigate, monitor or endorse such sites and User accesses those  sites at its own risk.

IA  contains advertisements belonging to others on the Web  Page.  We assume no liability for  any damages which may arise as a result of any Users' access to or use of any  product or service advertised on our Site.  We do not investigate, monitor or endorse such  advertisements.

Intellectual  Property

Trademarks – InstantAlbert and other names, logos and marks identifying IA and its products and services used herein are  trademarks of Digital Moses, LLC and may not be used without the prior  written permission of Digital Moses, LLC.  Other agreements, exclusive of this Agreement, may permit merchants and  others to use such trademarks for limited purposes.  Other company or product names referred to herein are trademarks of their  respective owners.  You are solely  responsible for your infringement of their intellectual property rights and  assume complete responsibility for ascertaining whether such intellectual  property rights exist.

Copyright Notice - This Web Site is subject to the protection of the copyright laws of the United  States and other countries.  You may  not reproduce any part of this Web Site without the prior written permission of  IA.

Other - All information contained on this Site including pages, screens, displays and  other materials Is the property of IA. You are not permitted to  copy, transfer, reproduce, republish in any form, assign, decode, reverse  engineer any information contained on this Site, other than your own data, or to  act in any manner in derogation of IA's intellectual property  rights. No intellectual property rights will transfer to you as a result of using this Site.

Privacy & Security

User Information - You are responsible for all activity on the Web Site which is conducted  utilizing your User information and / or password.  IA utilizes commercially reasonable security measures.  

Privacy - While IA  wishes to encourage the open exchange of accurate  information, we neither verify or endorse the statements made or posted on our  Site.  IA assumes no  liability for any defamatory, threatening, libelous, disparaging, harassing or  offensive material on our Site.  Further,  IA shall not be liable for the commission of any crime or  infringement of others' intellectual property rights which results from the use  of this Site.  

Communication With Us - While IA uses standard industry security measures, e-mail or other communication sent to us may be intercepted by others and/or may not be  immediately received.  You should  not use e-mail to send us confidential information or information that needs  immediate attention.  Your receipt  of a confirmation from a mail message delivery service does not mean that the  mail has been received by us.

No Warranty; Disclaimer of Implied Warranties

IA DOES NOT WARRANT THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED, THAT  MESSAGES OR REQUESTS WILL BE DELIVERED, THAT THE OPERATION OF THE SITE WILL BE  ERROR FREE OR SECURE, OR THAT THE FUNCTIONALITY OR DESIRED RESULTS FROM THIS  SITE ARE ACHIEVED.  IA  IS NOT RESPONSIBLE FOR YOUR DATA WHETHER RESIDING ON OUR OR YOUR SERVERS.  USER RELIES AT ITS OWN RISK UPON DATA, PRODUCTS, SERVICE OR INFORMATION  OBTAINED  FROM THIS SITE. 

THE  IA WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND ON  AN "AS AVAILABLE" BASIS AND IA MAKES NO REPRESENTATIONS  OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR ANY  PRODUCT.

IA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR  NONINFRINGEMENT.  IA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR  CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER  INTERRUPTION AND THE LIKE) OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR  SERVICE ARISING FROM OR RELATED TO THE USE OF PRODUCTS OR THE USE OF OR  INABILITY TO USE THIS WEB SITE, EVEN IF IA IS INFORMED OF THE  POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  IA  DOES NOT WARRANT THAT THE INFORMATION PROVIDED ON THIS  SITE IS ACCURATE, COMPLETE OR CURRENT.

Limitation  of  Liability

IA  will not be liable for any damages resulting directly, or indirectly as a result  of any failure of performance of this Site, errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, or line  or system failure.

IA disclaims any and all liability for the accuracy, veracity or completeness of  Users'  representations or statements concerning their activities while using  this Site.  IA further  disclaims any and all liability for problems or claims  for consequential, special, punitive, incidental, direct, indirect or other damages, resulting from actions or inaction of products or services obtained through this Site.

Indemnification

You  agree to indemnify and hold IA, it's parents, subsidiaries,  affiliates, directors, officers and employees, harmless from any claim or  demand, including reasonable attorney's fees, made by any third party arising  out of your use of this Site, your violation of this Agreement, or your  infringement of any intellectual property or other right of any other person or entity. 

Modification

Digital Moses, LLC, may change, reduce, eliminate, add to or otherwise modify any products or  services provided on this Site, from time to time, with or without notice at its  sole discretion.  The fact that a  particular service or product is available on this Site, is no guarantee that  such service will continue to be offered by IA.  Such services and products include, but are not limited to,  any service feature, functionality, User Interface, procedures, content, database, or Users' access to certain parts of the Site.  IA will not be liable to any User or third party if it chooses  to exercise this right.

General Provisions

Forum  Governing Law - This Agreement will be governed and interpreted according to the  laws of the  state of New York.  You consent to  jurisdiction in the state and federal courts located in the state of New York.

Severability - If any provision of this Agreement is determined to unenforceable for any  reason whatsoever, the remaining provisions shall remain unaffected and in full force and effect.

Headings - The headings contained in this agreement are meant solely for convenience and  shall not affect the meaning or interpretation of this agreement or any section or provision hereof.

Waiver - The failure of IA to enforce any provision of this Agreement shall not constitute a waiver of its right to do so in the future.

Dispute  Resolution - Any dispute arising under this Agreement shall be resolved by binding  arbitration in New York County, New York in accordance with the rules of the  American Arbitration Association.  The  Arbitrator shall have no authority to award punitive or exemplary damages.  Each party shall bear its own costs and expenses associated with the  resolution of such dispute and shall share equally in the cost of the  arbitrator.