TERMS AND CONDITIONS
(V1.3 – Effective December 8th, 2009)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS
SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i)
using this site, ii) purchasing any
products or services from Secret Headquarters, Inc., a Georgia Corporation
("COMPANY") or iii) utilizing any of the products or services from
COMPANY through this site, you are deemed to have agreed to these Terms and
Conditions. We reserve the right to modify them at any time. You should check
these Terms and Conditions periodically for changes. By using this site after
we post any changes to these Terms and Conditions, you agree to accept those
changes, whether or not you have reviewed them. With regard to products and
services purchased or utilized from COMPANY, the version of these Terms and
Conditions that were posted at the time of purchase or utilization apply. If at
any time you choose not to accept these Terms and Conditions of use, do not use this site.
The COMPANY’s Privacy Policy and California Privacy Policy are incorporated into this Agreement.
I.
GENERAL
TERMS & CONDITIONS<a>
II.
User Public Forum
Submission/Participation Policy and Terms
III. Special
Notes with regard to Product and Service Purchases
IV. Product and
Service Purchase Agreement
I. GENERAL TERMS & CONDITIONS
a) Scope
of Terms and Conditions
These Terms and Conditions apply to
your use of all of the website at www.infomillionaire.com as well as any of its
sub-domains and related domains such as http://infomarketingmonthly.com or http://www.infomillionairesupport.com
(collectively the "Site"), as well as to products and services
purchased or utilized from the Site. Unless stated otherwise, all references to
the Site in these Terms and Conditions include this Site. These Terms and
Conditions do not apply to your use of unaffiliated sites to which the Site
only links.
b) Restrictions
on Use
The contents of this site are protected
by copyright and trademark laws, and are the property of their owners. Unless
we say otherwise, you may access the materials located within the Site only for
your personal use. This means you may download one copy of posted materials on
a single computer for personal, noncommercial home use only, so long as you
neither change nor delete any author attribution, trademark, legend or
copyright notice. When you download copyrighted material you do not obtain any
ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way
exploit the content of the Site. Only if you obtain prior written consent from
us and from all other entities with an interest in the relevant intellectual
property may you publish, display or commercially exploit any material from the
Site.
You must abide by all additional
copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the
following while using the Site:
c) Links
These Terms and Conditions apply
only to this Site, and not to the sites of any other companies or organizations,
including those to which this Site may link. We are not responsible for the
availability of any other site to which this Site links. We do not endorse or
take responsibility for the contents, advertising, products or other materials
made available through any other site. Under no circumstances will we be held
responsible or liable, directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in connection with your use of, or
reliance on, any content, goods or services available on any other site. You
should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send E - mail to support@infomillionaire.com We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE
LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE
LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS
GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER
A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS
AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US
WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR
SERVICES, PRODUCTS AND MATERIALS.
BY ACCESSING THIS SITE, YOU
UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT
THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW
OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
We do not endorse, warrant or guarantee any products or services offered on the
Site. We are not a party to, and do not monitor, any transaction between users
and third party providers of products or services.
d) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR
ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON
THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
e) No Personal Advice
The information contained in or made
available through this Site (including but not limited to information contained
on message boards, in text files, in products, from services, or in chats)
cannot replace or substitute for the services of trained professionals in any
field, including, but not limited to, psychological, financial, medical, or
legal matters. In particular, you should regularly consult a doctor in all
matters relating to physical or mental health, particularly concerning any
symptoms that may require diagnosis or medical attention. Further, you should
regularly consult a lawyer in all matters relating to interacting with other
people to assure yourself you are behaving in compliance with law, including
but not limited to laws related to harassment, assault or other similar laws.
We and our licensors or suppliers make no representations or warranties
concerning any treatment, action, or application of medication or preparation
by any person following the information offered or provided within or through
the Site (including but not limited to any product or service purchased,
utilized or otherwise obtained from this Site). Neither we nor our partners, or
any of their affiliates, will be liable for any direct, indirect,
consequential, special, exemplary or other damages that may result, including
but not limited to economic loss, injury, illness or death.
f) Parental Permission; Minimum
Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of
the Site’s products or services is not directed to persons under the age of 18.
We will not knowingly collect personally identifiable information from persons
under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN
EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS
PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN
HAVE ACCESS.
We hereby require all users of the
Site to be over 13 and all purchasers of COMPANY's products and services to be
over 18. You agree to abide by any such restrictions, and not to help anyone
avoid these restrictions. If you are under 13, you agree to immediately stop
accessing the Site. If you are accessing the Site, you represent that you are
at least 13 years of age. If you are purchasing any of the products or services
of COMPANY, you represent that you are at least 18 years of age.
g) MEMBERSHIP
FEES
We reserve the right to charge fees,
surcharges and/or membership fees for all or any of its services currently
provided for free at any time upon thirty (30) days' prior written notice to
you.
h) COPYRIGHT
All content included on this Site,
such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property of
COMPANY or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is
the exclusive property of the COMPANY and protected by U.S. and international
copyright laws.
i) TRADEMARKS
The COMPANY’s name and other COMPANY
logos, page headers, button icons, scripts, and service names are trademarks,
registered trademarks or trade dress of COMPANY or its affiliates in the U.S.
and/or other countries. COMPANY's trademarks and trade dress may not be used in
connection with any product or service that is not COMPANY’s, in any manner
that is likely to cause confusion among customers, or
in any manner that disparages or discredits the COMPANY. All other trademarks
not owned by the COMPANY or its affiliates that appear on this site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by the COMPANY or its affiliates.
j) CONTACTING US
The address and phone number for
the COMPANY is:
Secret Headquarters, Inc.
7660 Fay Ave, H307
La Jolla, CA 92037
877-297-9897
You can reach our customer support by calling us at 866-335-5222,
contacting us via www.infomillionairesupport.com,
or by emailing us at support@infomillionaire.com.
For cancellation of a subscription, call 866-335-5222 or
submit a cancellation request at www.please-cancel.com.
Privacy matters can addressed to us
by emailing us at privacy@infomillionaire.com.
II. User Public Forum Submission/Participation Policy and Terms
a) General:
As a service to our users, this Site
may feature message boards, chat rooms/areas, discussion forums, ratings,
comments, bulletin board services, news groups (including, without limitation,
Usenet and other third party news groups), communities and/or other message or
communication facilities and other public/semi-public/private forums
(collectively, "Forums") where users with similar interests or
similar experiences can share information and support one another or where
users can post questions for others to answer. We may also offer online
discussions moderated by various experts or other persons.
Much of the content of the Forums,
including without limitation the descriptions for many Forums and the content
within a specific message, comment or posting, is provided by and is the
responsibility of the third party creator of the Forum or the person posting in
that Forum. COMPANY has no responsibility for such content and is merely
providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY
CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN
SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE
EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT
WHEN USING DISCUSSION FORUMS.
b) Your
Participation/Contribution Requires Consideration:
Any information
(including personally identifiable information or other personal
information) that you reveal in a Forum, may, by design, be open to the public
and in such case may not a private, secure service. You should think carefully
before disclosing any information in any Forum. What you have written may be
seen, disclosed to or collected by third parties and may potentially be used by
others in ways we are unable to control or predict, including to contact you
for unauthorized purposes. By submitting communications or content to Forums,
you agree that such submission is non-confidential for all purposes, unless the
Company specifically notes otherwise (for example, in the rules for a
particular forum).
c) Confidential
Obligations:
You agree that you will not upload
or transmit any communications or content of any type to a Forum that infringe
or violate any rights of any party. Further, you may have entered into an
agreement with COMPANY that requires you to maintain the confidentiality of
certain material or information of COMPANY. It is your obligation to confirm
that any post to a Forum you make does not breach any confidentiality
obligation you have. Unless a Forum specifically notes that all members of the
Forum who are able to view posts are bound by confidentiality obligations, and
further notes what types of information may be discussed, you may not post
information which COMPANY has required you to preserve as confidential.
d) Grant
of Rights:
To the extent you are the original
copyright holder of any post or submission by you to a Forum and such post or
submission does not contain any of the information or material of COMPANY or
other information you are required to preserve as confidential by COMPANY,
then; i) you remain owner of such post or submission to the extent you were the
owner; ii) you automatically grant on behalf of yourself or otherwise warrant
that the owner of such content or intellectual property has expressly granted
COMPANY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive
license to use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, display, and/or otherwise exploit, the post,
submission, communication or content in any media or medium, or any form,
format, or forum now known or hereafter developed; and iii) you agree and
warrant that COMPANY may sublicense or assign its rights through multiple tiers
of sublicenses or assigns.
e) No
Obligation to Monitor:
COMPANY does not control the
information delivered to the Forums, and has no obligation to monitor the
Forums. However, COMPANY reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or legal governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, for any reason whatsoever,
in COMPANY's sole discretion.
f) No
Obligation to Remove:
COMPANY is not obligated to remove
any content from the site which does not violate any civil or criminal laws and
any contributions intended for display on this web site via any means, whether
submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are
presumed to be contributed by the author/contributor with the intent that
COMPANY shall have an ongoing non-exclusive right to publish the contributed
content for an indefinite amount of time, unless the content submitted was made
under an agreement with COMPANY with differing terms or COMPANY has clearly
only been provided limited non-exclusive publishing rights (for example, in the
case of some exclusively copyrighted newsletter content). If you do not
wish to have something which you submit to be published, do not submit it in
the first place.
g) No
Endorsement:
COMPANY does not endorse, support, represent or guaranty the
truthfulness, accuracy, or reliability of any communications posted in the
Forums or endorse any opinions expressed in the
Forums. You acknowledge that any reliance on material posted in the Forums will
be at your own risk.
h) Company's
Right to Act:
If COMPANY discovers
communications which allegedly do not conform to any terms and conditions of
this Site, COMPANY may investigate the allegation and determine in good faith
and in its sole discretion whether to remove or request the removal of the
communication. COMPANY will have no liability or responsibility for performance
or non-performance of such activities. COMPANY reserves the right to terminate
or restrict your access to any or all of the Forums at any time without notice
for any reason whatsoever. You acknowledge that some Forums available through
the Site are available only through the Site and others are available both
through the Site and other sources, such as Usenet, over which COMPANY has
absolutely no control.
III. Special Notes with regard to
Product and Service Purchases
a) Shipping
Methods
Products shipped by COMPANY, Inc.
("COMPANY") may be shipped by UPS Standard or by any other method in
the discretion of COMPANY. A shipping charge will be imposed.
b) Sales
Tax
Sales tax is only required for
orders shipping within our resident states of business. Therefore all orders
shipping within California will be charged applicable sales tax according to
your area's tax rate.
c) Duty Tax
Orders shipped to PR will have a
6.6% duty tax applied. Exact delivery times to PR cannot be guaranteed.
d) Product listings
COMPANY strives for accuracy in all
item descriptions, photographs, compatibility references, detailed
specifications, pricing, links and any other product-related information contained
herein or referenced on our website. Due to human error and other determinates
we cannot guarantee that all item descriptions, photographs, compatibility
references, detailed specifications, pricing, links and any other
product-related information listed is entirely accurate, complete or current,
nor can we assume responsibility for these errors. In the event a product
listed on our website is labeled with an incorrect price due to some
typographical, informational, technical or other error, COMPANY shall at its
sole discretion have the right to refuse and/or cancel any order for said
product and immediately amend, correct and/or remove the inaccurate
information. Additionally, all hyperlinks to other websites from COMPANY are
provided as resources to customers looking for additional information and/or
professional opinion. COMPANY does not assume responsibility for the claims
and/or representations made on these or any other websites.
e) Product Revisions
COMPANY is not responsible for
changes or variations in product specifications and/or physical appearance,
since in some cases COMPANY acts as a distributor for others. In the interest
of our customers, COMPANY puts forth its best efforts to ensure that all
product information is up-to-date and factual. Unfortunately there are varying
determinates which, although infrequent, could cause the information on our
website to become outdated without our immediate knowledge. This includes but
is not limited to new versions or revisions, color deviations, retail package
alterations and other variations that may be considered inconsequential by the
manufacturer. In some cases, COMPANY relies on the manufacturer of a product to
communicate these differences. Presently we have no way of alerting customers prior
to purchase in the event the manufacturer fails to do so. Consequently, COMPANY
will not be held responsible for product revision changes.
IV. Product and Service Purchase Agreement
By accepting delivery of any product or service
delivered from COMPANY, viewing such products, or otherwise using such products
or services, you ("Customer") agree to be bound by the terms and
conditions listed below. You and COMPANY agree that the following terms and
conditions are the exclusive terms governing the sales transaction between you
and the COMPANY. Any attempt to alter, supplement, modify or amend these terms
and conditions by the Customer will be considered a material alteration of this
agreement and, therefore, are null and void. In addition, these terms and
conditions are subject to change at any time, without prior written notice.
Therefore, please check these terms and conditions carefully each time you
place an order with or accept delivery of any goods or services from COMPANY.
a) Product Issues
If you have problems or concerns
regarding the Company or your purchases, you may contact us through http://www.infomillionairesupport.com/
or by emailing us at support@infomillionaire.com.
b) WARRANTIES;
ALL PRODUCTS AND SERVICES ARE SOLD "AS-IS" OR "WITH ALL
FAULTS".
COMPANY MAKES NO
REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE
EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD
THROUGH OR BY COMPANY ARE SOLD "AS-IS" OR "WITH ALL
FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE
PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR
SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY
FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST
OF ALL NECESSARY SERVICING OR REPAIR.
c)
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES COMPANY'S
MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES
SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR
ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING
TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT.
COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE
CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF
BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN
MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
d) CUSTOMER AGREED TO
RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE:
Customer acknowledges that the
products and services sold by COMPANY are the confidential and proprietary
information and property of COMPANY. Customer hereby agrees to protect such
products and services as confidential. As a further condition to the purchase
and/or receipt of such products and/or services of the COMPANY by Customer,
Customer agrees it will not, nor allow others, to directly or indirectly copy,
distribute, resell, lend, lease, display, teach to others or show these
products and/or services to others. A "Customer" includes anyone who
receives the products or services of COMPANY, even if for free.
Customer agrees that no one may use these products and/or services in any
manner without the written approval of COMPANY, except for the Customer who has
agreed that his/her use is limited to his/her own personal use. In the event
Customer disagrees with these terms, Customer must immediately discontinue
using the products purchased from COMPANY. Anyone viewing or otherwise
utilizing the products of COMPANY by such conduct is agreeing to be bound by
the terms of set forth herein, and as such must
immediately comply with the terms of this agreement. In the event that COMPANY
discloses any portion of its information to the public, it should be understood
that anything not publicly disclosed by COMPANY remains information that you
have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In
the event that Customer is under 18 years old, Customer will immediately
discontinue using the products purchased from COMPANY.
e) TERMS AND CONDITIONS SPECIFIC TO THE “INFO MARKETING MONTHLY”
SUBSCRIPTION.
By providing your credit card and
other information, agreeing to this Terms and Conditions, or selecting the
“Purchase” button (or similar such button) displayed on www.infomillionaire.com, www.infomillionaire2.com, or www.infomarketingmonthly.com,
you are purchasing a subscription to “Info Marketing Monthly” and are agreeing
to allow us to charge your credit card for amounts payable to us pursuant to
this subscription.
If you purchase a “trial” subscription
to “Info Marketing Monthly”, upon payment of $1.00, you will receive access to
all training material in the membership part of the Site, PLUS a free 30 day
trial subscription to “Info Marketing Monthly”. Thereafter, you, if you remain a
subscriber (by not cancelling your subscription within the 30 day trial period),
agree that you will be billed $97.00 per month for continuing access to Info
Marketing Monthly. You acknowledge and understand that you can cancel
anytime by contacting customer support at 866-335-5222 or by submitting a
cancellation request at www.please-cancel.com.
If you purchase an “annual”
subscription to “Info Marketing Monthly”, upon payment of the annual fee of
$582.00, which you agree will be charged to your credit card, you will receive
access to all training material in the membership part of the Site, PLUS a
subscription to “Info Marketing Monthly” for an entire year. Thereafter, you,
if you continue as a subscriber, understand that you will be billed an annual
charge (which will the amount listed on this Site for such annual subscription
as of the date of renewal) for continuing access to Info Marketing Monthly if
you do not cancel within 30 days of the anniversary date of your purchase or
renewal date. You acknowledge and
understand that you can cancel your annual subscription anytime during the
first 6 months of your annual subscription (or renewal period) and receive a
prorated refund of the full membership price by contacting customer support at
866-335-5222 or by submitting a cancellation request at www.please-cancel.com.
If you purchase a monthly subscription
to “Info Marketing Monthly”, upon payment of the initial monthly fee you shall
receive access to all training material in the membership part of the Site,
PLUS a subscription to “Info Marketing Monthly” for one month. Thereafter, you,
if you continue as a subscriber, understand that you will be billed a monthly fee
(which will the amount listed on this Site for such monthly subscription as of
the date of renewal) for continuing access to Info Marketing Monthly if you do
not cancel within 30 days of your prior payment. You acknowledge and understand that you can
cancel anytime by contacting customer support at 866-335-5222 or by submitting
a cancellation request at www.please-cancel.com.
f) GENERAL TERMS AND CONDITIONS
1. Payment Terms; Orders:
An order is not binding upon COMPANY
until it is accepted; COMPANY must receive payment before it will accept an
order. Payment for product(s) ordered is due prior to shipment or provision of
services. Customer can make payment by credit card, or some other method
prearranged with COMPANY. You agree to pay the amount(s) due as specified on the
invoice, and you agree to pay interest on all past-due sums at a rate of 1.5%
per month or the highest rate allowed by law, whichever is greater.
2. Shipping Charges:
Your total cost for purchase of any product will include shipping and handling
charges shown on the COMPANY invoice.
3. Title; Risk of Loss:
COMPANY will arrange for shipment of ordered product(s) to you, the Customer,
Free On Board (F.O.B.) shipping point, meaning title to the product(s) --
excepting software-- and risk of loss passes to you upon delivery to the
carrier. COMPANY reserves a purchase money security interest in the product(s)
until its receipt of the full amount due. You agree to allow COMPANY to sign
appropriate documents on your behalf to permit COMPANY to protect its purchase
money security interest. Title to software will remain with the licensor(s).
All software is provided subject to the license agreement of the software
maker. You agree to be bound by any software license agreement once the seal on
the package is broken. COMPANY will advise you of estimated shipping dates, but
COMPANY will, under no circumstances, be responsible for delays in delivery,
and associated damages, due to events beyond its reasonable control, including
without limitation, acts of God or public enemy, acts of federal, state or
local government, fire, floods, civil disobedience, strikes, lockouts, and
freight embargoes.
4. Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the
sales transaction between COMPANY and yourself shall be governed by the laws of
the State of California, without regard to its conflicts of law rules.
Specifically, the validity, interpretation, and performance of this agreement
shall not be governed by the United Nations Convention on the International
Sale of Goods. COMPANY and you consent to the exclusive jurisdiction and the
exclusive venue of the State Courts of the State of California, San Diego
County, to resolve any dispute between them related hereto, and the parities
waive all rights to contest this exclusive jurisdiction and venue of such
Courts. Finally, you also agree not to bring any legal action, based upon any
legal theory including contract, tort, equity or
otherwise, against COMPANY that is more than one year after the date of the
applicable invoice.
5. Severability:
If any provision contained in this agreement is or becomes invalid, illegal, or
unenforceable in whole or in part, such invalidity, illegality, or
unenforceability shall not affect the remaining provisions and portions of this
agreement, and the invalid, illegal, or unenforceable provision shall be deemed
modified so as to have the most similar result that is valid and enforceable
under applicable California law.
6. Waiver:
The failure of either party to require performance by the other party of any
provision of this agreement shall not affect in any way the first party's right
to require such performance at any time thereafter. Any waiver by either party
of a breach of any provision in this agreement shall not be taken or held by
the other party to be a continuing waiver of that provision unless such waiver
is made in writing.
7. Entire Agreement:
These Terms and Conditions (along with the incorporated California Privacy
Policy and Privacy Policy) are the complete and exclusive agreement between the
COMPANY and you, and they supersede all prior or contemporaneous proposals,
oral or written, understandings, representations, conditions, warranties, and
all other communications between the COMPANY and you relating to the subject
products. This agreement may not be explained or supplemented by any prior
course of dealings or trade by custom or usage.