TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service
to our customers. By using this site, you agree to comply with
and be bound by the following terms and conditions of use.
Please review these terms and conditions carefully. If you do
not agree to these terms and conditions, you should not use
this site.
1. Agreement. This
Agreement (the “Agreement'”) specifies the Terms and Conditions
for access to and use of WebProfitsMarketing.com (the “Site'”)
and describe the terms and conditions applicable to your access
of and use of the Site. This Agreement may be modified at any
time by Web Profits Marketing upon posting of the modified
agreement. Any such modifications shall be effective
immediately. You can view the most recent version of these
terms at any time at
webprofitsmarketing.com/terms-and-conditions.html Each
use by you shall constitute and be deemed your unconditional
acceptance of this Agreement.
2. Intellectual Property
Ownership.
(a) Our Content. All
content included on this site is and shall continue to be the
property of Web Profits Marketing or its content suppliers and
is protected under applicable copyright, patent, trademark, and
other proprietary rights. Any copying, redistribution, use or
publication by you of any such content or any part of the Site
is prohibited without express permission by Web Profits
Marketing. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through
your use of this site. WPM is the trademark or registered
trademark of Web Profits Marketing. Other product and company
names mentioned on this Site may be trademarks of their
respective owners.
(b) User Supplied Content.
By accessing our forum, bulletin board, chat room, or any other
user interactive area of our site, and placing any information
in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials,
including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon,
create translations of, modify, amend, enhance, change, display
and publicly perform such materials in any form or media,
whether now known or later discovered. You also grant to others
who access the forum, bulletin board, chat room or any other
user interactive area of our site a perpetual, non-revocable,
royalty free license to view, download, store and reproduce
your postings but such license is limited to the personal use
and enjoyment of such other party.
(c) Personal
Use. Web Profits Marketing grants you a limited,
revocable, nonexclusive license to use this site solely for
your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works,
or other use. You agree not to copy materials on the site,
reverse engineer or break into the site, or use materials,
products or services in violation of any law. The use of this
website is at the discretion of Web Profits Marketing and Web
Profits Marketing may terminate your use of this website at any
time.
(d) Other Uses. All other
use of Content from the Site, including, but not limited to
uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of,
copying, reproduction, republishing, creation of derivative
works from, distribution, performance, display, incorporation
into another web site, reproducing the Site (whether by
linking, framing or any other method), or in any other way
exploiting any of the Content, in whole or in part, is strictly
prohibited without Web Profits Marketing's prior express
written consent.
3. Disclaimers.
(a) DISCLAIMER OF
WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS
IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS
AT YOUR SOLE RISK. WEB PROFITS MARKETING DISCLAIMS ALL
WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED
WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY
RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING
THE SITE. FURTHERMORE, WEB PROFITS MARKETING DOES NOT
WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE
AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WEB PROFITS MARKETING ,
ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE
SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER
SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF
SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF
LIABILITY. WEB PROFITS MARKETING SHALL NOT BE RESPONSIBLE
OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION
WITH WEB PROFITS MARKETING OR THE SITE, OR USE THEREOF,
OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR
RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED,
RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF
CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WEB PROFITS
MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE
OR LOSS.
(c) EARNINGS DISCLAIMERS.
The information presented in this Website is intended to be for
your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get
rich.
Before embarking on any endeavor, please use caution and
seek the advice your own personal professional advisors, such
as your attorney and your accountant.
Where income figures are mentioned (if any), those income
figures are anecdotal information passed on to us concerning
the results achieved by the individual sharing the information.
We have performed no independent verification of the statements
made by those individuals. Please do not assume that you will
make those same income figures.
Please do not construe any statement in this website as a
claim or representation of average earnings. There are NO
average earnings. Testimonials and statements of individuals
are not to be construed as claims or representations of average
earnings. We cannot, do not, and will not make any claims as to
earnings, average, or otherwise.
Success in any endeavor is based on many factors individual
to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will
devote to the endeavor.
Please perform your own due diligence before embarking on
any course of action. Follow the advice of your personal
qualified advisors.
There are risks in any endeavor that are not suitable for
everyone. If you use capital, only "risk" capital should be
used.
There is no guarantee that you will earn any money using any
of the ideas presented in our in materials. Examples in our
materials are not to be interpreted as a promise or guarantee
of earnings. 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 else’s. No
guarantee is made that you will achieve any result at all from
the ideas in our material.
You agree that we will not share in your success, nor will
we be responsible for your failure or for your actions in any
endeavor you may undertake.
Please understand that past performance cannot be an
indication of possible future results.
Materials in our product and our 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
in our materials are intended to express our opinion of
earnings potential. They are opinions only and should not be
relied upon as fact.
4. Terms Relating to User
Supplied Site Content.
(a) Participate at Your Own
Risk. You enter and participate in our forum, bulletin board,
chat room, or any other user interactive area of our site, and
gain access to the materials contained thereon at your own
risk.
(b) No Monitoring. We do not
monitor or screen communications on our forum, bulletin board,
chat room, or any other user interactive area of our site and
we are not responsible for any material that any of our forum,
bulletin board, chat room, or any other user interactive area
of our site participant posts and we do not assume the
responsibility to do so. In the event that we are notified by
any party that any communications contained in our forum,
bulletin board, chat room, or any other user interactive area
of our site is contrary to these terms, we may, but are not
obligated to, investigate the situation and determine in our
own discretion, whether to remove such communication from our
forum, bulletin board, chat room, or any other user interactive
area of our site. We have no liability or responsibility
to investigate or remove any content from our forum, bulletin
board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk.
We do not make any representations or warranties as to the
truth or accuracy of any statement made or materials posted on
or through our forum, bulletin board, chat room, or any other
user interactive area of our site. You agree and
acknowledge that you assume the risk of any actions you take in
reliance upon the information that may be contained in our
forum, bulletin board, chat room, or any other user interactive
area of our site.
(d) No Endorsement. We do not
endorse or lend any credence for any statements that are made
by any participant in our forum, bulletin board, chat room, or
any other user interactive area of our site. Any opinions or
views expressed by our forum, bulletin board, chat room, or any
other user interactive area of our site participants are their
own. We do not endorse or support or otherwise give any
credence or reason for reliance on any such statements or
opinions.
(e) You are Responsible. You are
fully responsible for your own statements and materials that
you post in our forum, bulletin board, chat room, or any other
user interactive area of our site and any consequences, whether
or not foreseen, to any party who may rely upon these
statements. You agree that you will not take any action
directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a
participant in our forum, bulletin board, chat room, or any
other user interactive area of our site, you agree that we may
remove any materials from our forum, bulletin board, chat room,
or any other user interactive area of our site for any reason,
in our sole discretion, or for no reason at all. This
includes material which is disruptive, abusive, offensive,
illegal, vulgar, pornographic, or any other material. You
hold us harmless from and against any damage you or others may
suffer as a result of our removal of any content from our
forum, bulletin board, chat room, or any other user interactive
area of our site or from the discontinuance of our forum,
bulletin board, chat room, or any other user interactive area
of our site at any time.
(g) Right to Expel. We have the
right to remove, expel, or disqualify any party from
participation and access to our forum, bulletin board, chat
room, or any other user interactive area of our site for any
time and for any reason, or for no reason whatsoever, in our
sole and absolute discretion. This includes, but is not
limited to any violation of this agreement, disruptive
behavior, complaints from other parties, any allegedly illegal
activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We
reserve the right to terminate our forum, bulletin board, chat
room, or any other user interactive area of our site at any
time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions,
causes of action, or injuries that may result therefrom,
including but not limited to any consequential, incidental, and
special damages of every nature and type.
(i) Prohibitions. You agree that
you will not (1) use our forum, bulletin board, chat room, or
any other user interactive area of our site for any illegal
purpose, (2) place any material in our forum, bulletin board,
chat room, or any other user interactive area of our site that
violates the copyrights, trademarks, trade secrets,
confidential information or other rights of any other party,
(3) place any material in our forum, bulletin board, chat room,
or any other user interactive area of our site that contains a
false statement about any person, infringes upon the privacy
rights of any other person, or threatens, harasses, abuses or
embarrasses any other person, (4) place any obscene,
pornographic, sexually explicit or violent materials, graphics,
photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site, (5)
place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our
forum, bulletin board, chat room, or any other user interactive
area of our site, (6) pretend to be another person that you are
not, (7) place materials in our forum, bulletin board, chat
room, or any other user interactive area of our site that are
disruptive or off-topic.
(j) Hold Harmless and Indemnify.
You hold us harmless from, and indemnify us against, any and
all claims for damages from third parties arising from your
participation, use or conduct in our forum, bulletin board,
chat room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against
Data Mining. You are prohibited from data mining, scraping,
crawling, email harvesting or using any process or processes
that send automated queries to the Web Profits Marketing Web
site. You may not use the Web Profits Marketing Web site to
compile a collection of listings, including a competing listing
product or service. You may not use the Site or any Materials
for any unsolicited commercial e-mail.
(b) Intended Audience. This
website is intended for adults only. This website is not
intended for any children under the age of 18.
(c) Compliance with
Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the
best of your knowledge.
(d) Indemnification. You
agree to indemnify, defend and hold Web Profits Marketing and
our partners, employees, and affiliates, harmless from any
liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or
use of the Site.
(e) Privacy. Your visit
to our site is also governed by our Privacy Policy. Please
review our Privacy Policy at
webprofitsmarketing.com/privacy-policy.html Web Profits
Marketing reserves the right, and you authorize us, to use and
assign all information regarding site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy.
(f) DMCA Notice. If you believe
your work has been copied in a way that constitutes copyright
infringement, please provide a notice containing all of the
following information to our Copyright Agent:
(1) An electronic or physical
signature of the person authorized to act on behalf of the
owner of the copyright interest;
(2) A description of the
copyrighted work that you claim has been infringed;
(3) A description of where
the material that you claim is infringing is located on the
Site;
(4) Your address, telephone
number, and e-mail address;
(5) A statement by you that
you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
and
(6) A statement by you, made
under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site is E Noble, who can be reached as
follows:
By Mail: 2201 Long Prairie Rd, #107-822,
Flower Mound, TX 75022
By Phone: 817 360 7442
By e-mail: info @ webprofitsmarketing .com
(g) Applicable
Law. You agree that the laws of the state of Texas,
without regard to conflicts of laws provisions will govern
these Terms and Condition of Use and any dispute that may arise
between you and Web Profits Marketing or its affiliates. Venue
shall be in Denton County.
(h) Arbitration. As part of the
consideration that Web Profits Marketing requires for viewing,
using or interacting with this website, you agree to the use of
binding arbitration for any claim, dispute, or controversy of
any kind (whether in contract, tort or otherwise) arising out
of or relating to this website. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605.
Hearing will take place in the city or county of Web Profits
Marketing. In no case shall you have the right to go to court
or have a jury trial. You will not have the right to
engage in pre-trial discovery except as provided in the rules;
you will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim
subject to arbitration; the arbitrator's decision will be final
and binding with limited rights of appeal. The prevailing party
shall be reimbursed by the other party for any and all costs
associated with the dispute arbitration, including attorney
fees, collection fees, investigation fees, and travel
expenses.
(i) Severability. If any
provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full
force and effect.
(j) Termination. Web
Profits Marketing may terminate this Agreement at any time,
with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
Web Profits Marketing
2201 Long Prairie Rd, #107-822, Flower Mound, TX
75022
817 360 7442
info @ webprofitsmarketing .com
|