Legal

Legal Disclaimer

PLEASE READ THESE TERMS OF SERVICE (“TOS”) CAREFULLY. BY ACCESSING THIS WEB SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TOS BELOW. IF YOU DO NOT AGREE TO THE TOS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

COPYRIGHT 2009-2013. ALL RIGHTS RESERVED.

The term “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website. If the TOS are being accepted by an individual on behalf of an entity, “you” means the entity.

These TOS may be updated by us from time to time without notice to you.

NO WARRANTY

YOUR USE OF THIS WEB SITE AND ITS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES CONTAINED IN THIS WEB SITE, INCLUDING TEXT, GRAPHICS, CUSTOMIZED ADVERTISEMENTS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS”, “AS AVAILABLE”. THIS WEBSITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, LACK OF NEGLIGENCE, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THIS WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THIS WEBSITE OR ITS PRODUCTS OR SERVICES. EXCLUDING YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID AND OWED TO US BY YOU FOR THE PROGRAMS & SERVICES.

LINKS

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF THIS WEBSITE). WE HEREBY DISCLAIM LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, WE DO NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR ARE WE LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF OURS.

AVAILABILITY

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

TRADEMARKS AND SERVICE MARKS

“Marketing Your App” is our service mark or trademark. Other product and company names mentioned on this website may be trademarks of their respective owners.

COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the TOS.

All content that you upload or otherwise provide to us (“User-Provided Content”), which may include text, images, and logos, remains your sole and exclusive property. Except for User-Provided Content, all materials and any derivative works are and will remain our sole and exclusive property.

So that we may perform our obligations under the TOS, you grant us a nonexclusive, worldwide, perpetual, non-terminable, sub-licensable, royalty-free, fully paid up license to reproduce, distribute, publicly perform and display, and use any and all User-Provided Content.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us.

YOUR REPRSENTATIONS AND WARRANTIES

In using this web site, you represent and warrant to us that:

  • You have obtained any and all necessary clearances, releases, approvals, and consents from third parties (including with respect to any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, and moral rights) and made any and all required payments to third parties in connection with all User-Provided Content.
  • You are solely responsible for the accuracy, non-deceptiveness, completeness, propriety, and substantiation of any and all advertisements and User-Provided Content.
  • You are solely responsible for any information, disclosures or requirements that are imposed upon you as a result of your business activities by any governmental, regulatory or oversight agency, body, tribunal or proceeding.
  • No User-Provided Content will will include any material that is fraudulent, deceptive, threatening, abusive, harassing, defamatory, obscene, profane, racially or ethnically objectionable, or in violation of applicable law.

 

EARNINGS DISCLAIMER

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCTS, SERVICES, AND INFORMATION OFFERED ON THIS SITE AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCTS, SERVICES, AND WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

AFFILIATE DISCLAIMER

Disclosure of Material Connection: Some of the links on this website, our materials, and our emails are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission. Regardless, we only recommend products or services we use personally and believe will add value to our readers. We are disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

TERMINATION

You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your account and access to this web site. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) extended periods of inactivity, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any fees owed by you in connection with this web site. Termination of your account may include deletion of your password, related information, User-Provided Content, and advertisements you customized.

WAIVER AND SEVERABILITY OF TERMS

The failure of this website to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

HOW TO CONTACT US

Should you have other questions about the TOS, please contact us.

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