NOTICE TO USER: THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY CLICKING ‘ORDER NOW’, ‘I AGREE’, ‘CONTINUE’, ‘LOG IN’ or ‘DOWNLOAD NOW’, YOU ACCEPT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS LISTED BELOW.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS LISTED BELOW, DO NOT CLICK ‘ORDER NOW’, ‘I AGREE’, ‘CONTINUE’, ‘LOG IN’ or ‘DOWNLOAD NOW’. IF YOU DECLINE, YOU WILL NOT BE ABLE TO ACCESS THE RESTRICTED PORTION OF THE WEBSITES, USE THE MATERIALS, TUTORIALS, VIDEOS, PROGRAMS OR DOWNLOADS. SOME SOFTWARE PROGRAMS OR MATERIALS MAY CONTAIN ADDITIONAL TERMS AND CONDITIONS OR LICENSE AGREEMENTS, IF SO READ THEM BEFORE USING THEM.
For purposes of this License Agreement, the individual end-user licensee, including the company, firm or entity are collectively referred to as “You,” and “Business Development Team, LLC”, which owns and operates this website and the learning materials, is referred to as the “Company.” By indicating your acceptance by clicking ‘Order Now’, ‘I Agree’, ‘Continue’ or ‘Download Now’, You accept and agree to be bound by this Agreement and the following “Terms and Conditions”:
AGREEMENT BETWEEN USER AND “Business Development Team, LLC”
The “Web Site” is comprised of various Web pages operated by Business Development Team LLC and is comprised of Training Materials and How-To’s. The Web Site and Materials are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.
Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the Learn How To – HQ Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Learn How To – HQ, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Website immediately or else provide Learn How To – HQ with written parental approval.
Our basic products and services are free to both Website owners & individual users. However we may offer some paid upgrades for advanced features such as domain hosting or extra disk space or bandwidth.
Our products and services are designed to give Website owners as much control and ownership over their site as possible and to encourage users/members to express themselves freely. However, each site owner must be responsible for the content of their site. In particular, as a site owner, you must make certain that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on the Learn How To – HQ are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of Learn How To – HQ. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with Learn How To – HQ) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Your Learn How To – HQ Account and Site.
If you create a site with Learn How To – HQ, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Learn How To – HQ may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Learn How To – HQ to be positioned for possible liability. You must immediately notify Learn How To – HQ of any unauthorized uses of your site, your account or any other breaches of security. Learn How To – HQ will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a Website, comment on a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Learn How To – HQ or otherwise.
By submitting Content to Learn How To – HQ for inclusion on the Website, you grant Learn How To – HQ a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site or Content. If you delete Content and advise Learn How To – HQ, Learn How To – HQ will use reasonable efforts to remove said Content from the Website (generally within two business days), but you acknowledge that caching and/or other references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Learn How To – HQ has the right (though not the obligation) to, in Learn How To – HQ’s sole discretion (i) refuse or remove any content that, in Learn How To – HQ’s reasonable opinion, violates any Learn How To – HQ’s policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Learn How To – HQ’s sole discretion. Learn How To – HQ will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
Optional premium paid services (such as domain purchases, etc.) may be available on the Website. By selecting a premium service you agree to pay Learn How To – HQ the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Responsibility of Website Visitors.
Learn How To – HQ has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Learn How To – HQ does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to Learn How To – HQ. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to Learn How To – HQ. Learn How To – HQ disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and WebPages to which Learn How To – HQ links, and that link to Learn How To – HQ. Learn How To – HQ does not have any control over those non-Learn How To – HQ Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-Learn How To – HQ Website or webpage, Learn How To – HQ does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Learn How To – HQ disclaims any responsibility for any harm resulting from your use of non-Learn How To – HQ Websites and WebPages.
Copyright Infringement and DMCA Policy.
As Learn How To – HQ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Learn How To – HQ violates your copyright, you are encouraged to notify Learn How To – HQ. Learn How To – HQ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Learn How To – HQ or others, Learn How To – HQ may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Learn How To – HQ will have no obligation to provide a refund of any amounts previously paid to Learn How To – HQ.
This Agreement does not transfer from Learn How To – HQ to you any Learn How To – HQ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Learn How To – HQ. Learn How To – HQ, the Learn How To – HQ domain, the Learn How To – HQ logo, and all other trademarks, service marks, graphics and logos used in connection with Learn How To – HQ, or the Website are trademarks or registered trademarks of Learn How To – HQ or Learn How To – HQ’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Learn How To – HQ or third-party trademarks.
Grant of License.
1. Company agrees to grant, and You agree to accept a limited, non-transferable non-exclusive license (“License”) to use the attached training videos, computer programs, with the accompanying manuals, literature and other materials (“Materials”), in perpetuity subject to the terms and conditions of this License Agreement and subject to termination as provided herein.
2. Title and Confidentiality. You unconditionally and absolutely stipulate and agree that the title and full ownership rights to the materials licensed under this agreement, including, without limitation, all intellectual property rights therein and thereto, and any copies You make, remain with Company. It is agreed the Materials are the proprietary, confidential, trade secret property of Company, whether or not any portions thereof are or may be copyrighted and You shall take all reasonable steps necessary to protect the confidential nature of the Materials as You would take to protect Your own confidential and trade secret information. You further agree that You shall not make any disclosure of any or all such Materials (including methods or concepts utilized therein) to anyone, except to employees, agents, or contractors working for You to whom such disclosure is necessary to the use for which rights are granted hereunder. You shall appropriately notify all employees, agents, and contractors to whom any such disclosure is made that such disclosure is made in confidence and shall be kept in confidence by them. Upon Company’s request, such employees, agents, and contractors shall enter into an appropriate confidentiality agreement for secrecy and nonuse of such information which by it’s terms shall be enforceable by injunctive relief at the request of Company. If Company makes such a request, it shall provide You with the appropriate confidentiality agreements. The obligations imposed by this section upon You, Your employees, agents, and contractors, shall survive and continue after any termination of rights under this Agreement. It shall not be a breach of this agreement if you are required to disclose or make the Materials available to a third party or to a court if the Materils are subpoenaed or otherwise ordered by an administrative agency or court of competent jurisdiction to be produced or disclosed.
3. License. Company hereby authorizes You to:
a) Access and use the Materials.
b) Download and make copies of certain forms included as part of the Materials which are expressly designated by Company as available for downloading and copying. Such copies may only be used in support of Your use of the Materials and may not be used for any other purpose. Each of these copies must have a label placed on the media indicating the Materials are a proprietary product of Company.
c) You shall not, and nothing contained herein in these Terms and Conditions shall be construed to permit or authorize You to:
1) Rent, lease, sublicense, assign, sell, loan or otherwise transfer these Materials, in whole or in part, except as expressly permitted by this Agreement.
2) Inspect, disassemble, decompile, reverse engineer or in any way attempt to determine the internal methods of the Materials.
3) Modify, enhance or alter the Materials or merge it into any other product without the express written consent of Company.
4) Reproduce, prepare derivative works based upon, transmit or distribute the Materials, or any part of it, in any form or by any means except as expressly permitted in this Agreement.
5) Permanently transfer or assign the Materials and the rights under this License to another party without the express written consent of Company.
Any attempt to do any of the above (a to c) shall void and terminate this Agreement.
4. Term. This License Agreement is and shall be effective from the date of full execution and shall remain in force until terminated. You may terminate this Agreement at any time by notifying Company.
5. Warranty. Company warrants that it has sufficient right and title to the Materials to grant You this License. Company does not warrant that the functions contained in the Materials will meet Your requirements or that the operation of the Materials will be uninterrupted or error free. The entire risk as to the results and performance of the Materials is assumed by You. The warranty does not cover Materials modified by anyone other than Company and problems with, or caused by, computer hardware or non- Company software. This limited warranty is VOID if failure of the licensed Materials has resulted from accident, abuse or misapplication.
6. Disclaimers and Limitations of Remedies.
EXCEPT AS SPECIFICALLY STATED IN THE WARRANTY SECTION OF THIS AGREEMENT, THE MATERIALS ARE LICENSED “AS IS” WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM THE USE OF OR INABILITY TO USE THE MATERIALS OR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, EVEN IF COMPANY OR IT’S AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR DAMAGE WILL NOT, IN ANY EVENT, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER BASIS, EXCEED THE LICENSE FEES PAID BY YOU FOR THE LICENSED MATERIALS GIVING RISE TO SUCH LIABILITY.
THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR IT’S SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
COMPANY AND/OR IT’S SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR IT’S SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
While Company takes reasonable steps to safeguard and to prevent the unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, implied or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER COMPANY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGE WAS POSSIBLE.
7. Enforcement. No termination of the authorized rights described in Sections 1 and 3, regardless of reason or cause, shall relieve You from the continued performance of the obligations established under this Agreement. The obligations imposed by this Agreement on You shall be enforceable both at law and in equity, by injunction, restraining order, specific performance, damages, lost profits and other remedies, and without any requirement that Company post any bond or other security or prove actual damages. You hereby waive any such bond or security requirements. Should Company incur attorneys’ fees or costs in order to enforce this Agreement, whether or not a legal action is instituted, Company shall be entitled to recover such attorneys’ fees and costs from You, in addition to all other rights and remedies it may have at law or in equity. The right of Company to obtain any such remedy or remedies shall be cumulative and not alternative and shall not be exhausted by any one or more uses thereof. The failure of either party to take any action under this Agreement, or the waiver of a breach of this Agreement, shall not affect that party’s rights to require performance hereunder or constitute a waiver of any subsequent breach.
a) This Agreement shall be governed and construed in accordance with the laws of the State of Hawaii and You hereby consent to the jurisdiction of State and Federal courts in Hawaii. If any part of this Agreement violates applicable law, that part shall be deemed to be amended to the extent necessary to comply with the law.
b) This Agreement constitutes the entire Agreement between Company and You and supersedes any prior agreement or understanding, written or oral, relating to the subject matter of this Agreement.
c) If any provision of this Agreement shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement or the validity or the enforceability of this Agreement.
d) All rights and remedies provided herein are cumulative and are in addition to all other rights and remedies available at law or equity.
e) In the event that either party successfully takes legal action to enforce any provision of this Agreement the unsuccessful party shall pay full costs and expenses of such action, including reasonable attorney’s fees.
f) Any notice required by this Agreement shall be deemed to have been properly given if sent by registered or certified mail to the address set forth in this agreement.
g) The waiver of any breach or default of this Agreement shall constitute a waiver only as to such particular breach or default and shall not constitute a waiver of any other breach or default. Failure to act by either party in exercising any right, power, or remedy under this agreement, except as specifically provided herein, shall not operate as a waiver of any such right, power or remedy, and will not affect the validity of the whole or any part of this agreement, or prejudice such party’s right to take subsequent action.
h) Neither party shall be held liable for delays in any of it’s performance resulting from acts of God, war, civil disturbance, court order, labor dispute or any other cause beyond it’s control.
i) The relationship of the Parties shall be solely that of independent contractors. No partnership, joint venture, employment, agency or other relationship is formed, intended or to be inferred under this Agreement. Neither party to this Agreement shall attempt to bind the other, incur liabilities on behalf of the other, act as agent of the other, or authorize any representation contrary to the foregoing.
j) This Agreement is binding upon and shall inure to the benefit of the parties, their successors and assigns. However, this Agreement is not assignable by you. This Agreement is personal to you and neither the Agreement, nor the rights or duties hereunder, may be voluntarily or involuntarily, directly or indirectly, assigned or otherwise transferred without the prior written consent of Company. Any unauthorized assignment or transfer shall constitute a breach hereof and shall be void able by Company.
k) This Agreement may not be altered, modified, amended or changed, in whole or in part, except by a writing executed by Company.
l) The person accepting these Terms and Conditions is duly authorized and properly empowered to do so.
9. Registration. You shall, as a condition precedent to the grant of the authorization set forth in Sections 1 and 3, register with Company on this website and provide all information required by Company. You must register as a “Student” with Company to access certain functions of the website. You must provide current, complete and accurate information about yourself (the “Registration Data”) when registering for access to the education area. You agree that such information is truthful and complete. You agree to maintain and keep your Registration Data current and to update your Registration Data as soon as it changes. You are responsible for maintaining the security of your password. Company is not liable for any loss that you suffer through the use of your password by others. You agree to notify Company immediately of any unauthorized use of your account or other breach of security known to you. You also, by purchasing access to the education area, agree to report violations of these Terms and Conditions by others to Company.
10. Membership. On day 1 of Your purchase, Company will begin Your membership.
a) Unlimited Access monthly reoccurring membership fee account. Your account will be debited immediately. You authorize Company to debit /charge the account on file for Your unlimitted access. Your account will be debited $9.95 every 60 days thereafter until You contact Company to terminate Your membership by phone at 1-888-863-8283 x 1 or by email at cancel@SecureForm.us. You authorize Company to debit /charge the account on file for Your monthly service fee. This authority is to remain in effect until such time as You choose to cancel the monthly bill by notifying the Company seven (7) business days prior to Your next billing. You understand that if any such billing transaction rejects/declines, whether with or without cause and whether intentionally or inadvertently, Company shall be under no liability whatsoever if such action results in the forfeiture of Company services. You also understand that if such services are forfeit, a reactivation fee may be assessed to reactivate Your account. You further understand that if Your monthly service fee is returned NSF/Stop Pay or disputed on Your credit card company all applicable fees allowed by law will be passed onto You. This is a month to month contract and may be cancelled within the 60 day trial by following the above instructions. Notification must be received seven (7) business days prior to Your next billing date to ensure that Your account is not billed.
b) Notifications can be made by phone, email or fax. You must provide the membership username (email address used to register), debit or credit card number on file and the name as it appears on the card.
11. Refunds: Company has a 30 day trial, 60 day guarantee, refund policy. And will, at it’s discretion, allow for refunds, with Your account as the student working the program with reasonable effort, after 30 days from the date of purchase. Company will also, at it’s discretion, allow for refunds before the 30 day trial, within the 60 day refund period, with an Early Termination Fee of 15%. After 60 days all sales are final. For recurring billing products, returns for more than one payment may not be refunded.
12. Binding Arbitration: In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, and prior to contacting any business bureau, government agency or other entity, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either Party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of it’s Commercial Arbitration Rules.
The place of arbitration shall be in: Honolulu, Hawaii. This agreement shall be governed by and interpreted in accordance with the laws of the State of Hawaii. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement. Any award in an arbitration initiated under this clause shall be limited to monetary damages not to exceed the amount paid to Company.
Each Party shall bear it’s own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Either Party may participate in the arbitration by telephone.
13. Customer Statements
Company cannot completely verify our customer statements in testimonials. Also, while the testimonial may be accurate as of the time that we heard from the customer, the customer’s experience may have significantly changed over time. While we will try to update our information on the customer providing the testimonial, we cannot assure you that our information will be up to date. Lastly, we provide a tool that you can use to try to improve the operations of your business. The use of our information, products and services should be based on your own due diligence and you agree that Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services.
Company reserves the right to change, add, or remove the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated with the use of the Web Site. Please check this page periodically for any changes. Your continued use of the site following the posting of any changes to these terms shall mean that you have accepted those changes.
15. Links to Third Party Sites
The Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for web casting or any other form of transmission received from any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with it’s operators.
16. No Unlawful or Prohibited Use
As a condition of your use of the Web Site, you warrant to Company that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Online the Web Sites.
17. Acceptable Use of this Website
Your use of this website must be lawful and consistent with the security and reliability of this site and the World Wide Web. In addition, the following rules apply to your use of this website:
A. You certify to Company that you are at least 18 years of age.
B. You assume full responsibility for the use of this website by any minors.
C. Your use of this website is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulation, policies and procedures.
D. You are solely responsible for the content of your transmissions. You acknowledge and agree that Company does not endorse the actions or the contents of the communications by and between it’s users.
18. Information Provided to Company or Posted at any Company’s Web Site
Company does not claim ownership of the materials you provide to Company (including feedback and suggestions) or post, upload, input or submit to any Company Web Site or it’s associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Company, it’s affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE COMPANY, IT’S SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENCORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE, WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE.
You agree to indemnify and hold Company, it’s subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your use of this website, or the violation of these Terms and Conditions by you, or of the infringement by you, or any other user of this website using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful or deceptive. Company and it’s service providers assume no responsibility whatsoever for such content or actions.
21. Delivery Policy
Upon purchase Subscriber will receive instant access to the product with a username and password that will be provided on the order confirmation page as well as be sent to the email that the Subscriber provides us.
22. Termination/Access Restriction
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Hawaii, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of Courts in Hawaii, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Web Site. Company’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
23. Intellectual Property, Copyright and Trademark Notices
Any and all related logos, described in our website are either trademarks or registered trade names of Company. You may not copy, imitate or use them without Company’ prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company sponsorship or endorsement.
All contents of Company Web Site are: Copyright (c) 2013 Company and/or it’s suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
25. Notices and Procedure For Making Claims or Copyright Infrigement Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE ANY RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
27. Jurisdiction and Venue
28. Applicable Law
The parties agree that the applicable law to be applied to the use of this website shall be, in all cases, the law of the State of Hawaii, USA.
29. Earnings Disclaimer
Please see Company’s Earnings Disclaimer. By accepting these Terms and Conditions, and each time you use the service, you consent to Company’s collection, use and disclosure of your information or Registration Data in accordance with the Earnings Disclaimer without any further notice or any liability to you or any other person.
THESE ARE EDUCATIONAL, TRAINING AND HOW TO MATERIALS. We make every effort to ensure that we accurately represent our product and services and their potential for income. Earning and Income statements made by our company, this website and it’s customers are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.
As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation. Also, we do not promise, guarantee or imply that you (or that your use of our products and services will improve your operation, raise your internet profile, or increase your revenues. Again, as with any business, successful or unsuccessful use of our products will widely vary among our customers depending on many factors, including but not limited to, the customer’s skill set, creativity, motivation, level of effort, individual expertise, capacity and talents, business experience, your cost structure and the market in which you compete. We also know that many of our customers will not implement our program, much as many gym members won’t go to the gym. We obviously cannot compel you to use our products. You obviously need to implement our products to find out for yourself the usefulness of what we teach you, and we sincerely hope that you do. Similarly, we provide no assurance or guaranty that either improved operations or earnings in one month can be duplicated or approached in any other month.
By logging into or otherwise accessing this website, You acknowledge and agree that the content provided is strictly for the purpose of providing generalized business training and advice, and should be used solely as an education resource. I further agree that Your intent in purchasing and using this system and it’s corresponding tools and information is to gain a better understanding and greater knowledge about various techniques pertaining to eCommerce, and that this system is not a business opportunity or franchise. You further agree that Company and it’s affiliates have not provided, and will not provide You, with any account, outlets, or customers, including, but not limited to, Internet outlets, accounts or customers, or third party relationships. You understand that by clicking ‘Order Now’, ‘I Agree’, ‘Continue’, ‘Log In’ or ‘Download Now’ button You confirm to use the product for it’s intended use as set forth herein.
We cannot completely verify our customer statements in testimonials. Also, while the testimonial may be accurate as of the time that we hear from the customer, the customer’s experience may have significantly changed over time. While we will try to update our information on the customer providing the testimonial, we cannot assure you that our information will be up to date.
Lastly, we provide tools and training materials that you can use to try to improve the operations of your business. The use of our information, products and services should be based on your own due diligence and you agree that our Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
All trademarks, logos, and service marks (collectively “Trademarks”) displayed are registered and/or unregistered Trademarks of their respective owners.
For purpose of privacy, testimonial pictures have been adapted and are not their actual photos. Results may vary, testimonials are not typical results. All testimonials have been remunerated.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (Hawaii) for the Website as such laws are applied to agreements between Hawaii State residents entered into and performed entirely within Hawaii. You consent to the jurisdiction of federal and state courts within Hawaii. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. Your Internet Protocol address may appear immediately below (the “Identifier”). The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to misuse this address for any reason.
$ipaddress = $_SERVER[“REMOTE_ADDR”];
Echo “Your IP address is: $ipaddress“;
This product includes GeoLite data created by MaxMind, available from http://www.maxmind.com.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO PARTICIPANTS EMAIL ADDRESSES OR IDENTIFIERS CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
Service Contact: 1-888-863-8283 x 1