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Disclaimer
You may be referred to as
Licensee. The terms 'You' or
'Licensee' includes you and any
of your owners, employees,
partners, independent
contractors, subsidiaries,
affiliates, attorneys, agents,
heirs, and assigns.
We may be referred to as
Licensor. The terms 'Us,' 'We,'
or 'Licensor' includes and our
owners, employees, subsidiaries,
independent contractors, agents,
attorneys, and assigns.
You must be at least 18 years
old to access this website or to
purchase products or services
from us.
We do not direct this website to
minors, nor do we knowingly
collect any personal information
from children under the age of
thirteen.
Disclaimers
ALL CONTENT IS PROVIDED "AS IS"
AND ANY AND ALL WARRANTIES ARE
DISCLAIMED, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR
PURPOSE.
Our cumulative liability to you
or anyone else for any loss or
damages resulting from any
claims, demands, or actions
arising out of or relating to
this Agreement or use of the
content or website shall not
exceed the amount you have paid
to us for the product or
service. In no event shall we be
liable for any indirect,
incidental, consequential,
special, or exemplary damages or
lost profits, even if we have
been advised of the possibility
of such damages. You agree that
the foregoing constitutes your
sole and exclusive remedy for
any breach of this Agreement.
SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
There is no promise or
representation that you will
make a certain amount of money,
or any money, or not lose money,
as a result of using our
products and services.
Any earnings, revenue, or income
statements are strictly
estimates. There is no guarantee
that you will make these levels
for yourself.
As with any business, your
results will vary and will be
based on your personal
abilities, experience,
knowledge, capabilities, level
of desire, and an infinite
number of variables beyond our
control, including variables we
or you have not anticipated.
There are no guarantees
concerning the level of success
you may experience. Each
person's results will vary.
There are unknown risks in any
business, particularly with the
Internet where advances and
changes can happen quickly.
The use of our information,
products and services should be
based on your own due diligence
and you agree that we are not
liable for your success or
failure.
Prohibited Uses
You will not assign, sublicense,
transfer, pledge, sell, lease,
rent, lend, or otherwise dispose
of the content, or any part of
it, or share your rights under
this Agreement, to others.
You will not give others access
to your username and password.
You will not violate any laws,
third party rights, or this
Agreement. This includes, but is
not limited to, not posting any
material or content that is
defamatory, harassing, belongs
to someone else, is obscene or
pornographic
You will not provide false or
misleading information to us.
Consent to Use Information
When you communicate with us,
send us information, or provide
content to us or out website,
you grant us a non-exclusive,
worldwide, perpetual,
irrevocable, royalty-free, sub
licensable right to exercise all
copyright and publicity rights
you have in the content, in any
manner whatsoever, in any media
now known or which may be
created in the future, including
in other works and forms not
associated with this website.
No Waiver of Rights
Our failure to enforce any
rights granted in this Agreement
or to take action against any
other party in the event of any
breach shall not be deemed a
waiver by us as to subsequent
enforcement of rights or
subsequent actions in the event
of future breaches.
Affiliate Program
Payments
We greatly value and appreciate
those who recommend and promote
our services and products to
others. Affiliates are currently
paid 70 percent for each
confirmed paid referral they
make that is not canceled or
refunded, so long as you remain
an affiliate and this agreement
is in effect.
The cost of our products and
services may change at any time
and without notice. The
affiliate payment and/or
percentage payment for our
products and services may change
at any time and without notice.
There is no guaranteed minimum
payment from any referral.
Any advertised payments to
affiliates for referrals,
whether a lump sum or a
percentage, refer to the gross
amount paid by us. What you
receive may be slightly less
after taking into account third
party processing fees. In
particular, payments to
affiliates will solely be via
PayPal with payments in US
dollars, and PayPal charges a
fee for its services. More
information can be found at
http://paypal.com.
Affiliate payments are made
approximately 30 days after the
end of the month in which the
payment generating transaction
occurred. Fraudulent signups
associated with an affiliate, or
suspicious activity may result
in a longer payment period.
Payment amounts for a referral
may differ between affiliates if
separately negotiated in
writing.
Affiliates shall be responsible
for all taxes and other similar
levies as required by any law or
regulation. Affiliate agrees as
a condition of payment to
accurately provide all
identification and tax
information necessary to allow
us to comply with legal
requirements.
Affiliates understand that
payment tracking can never be
100% accurate and this may be
affected by events beyond our
control, such as customers not
accepting cookies or other
mechanisms through affiliate
referrals are tracked.
Relationships
The ability to advertise our
products and services as an
affiliate is non-exclusive and
revocable in our discretion for
any reason.
All proprietary information,
trademarks, copyrights and all
other similar rights in and
arising out of our products and
services are, and shall continue
to be, our exclusive property.
Affiliates have a right to refer
to our trademarks only so long
as they remain active affiliates
and otherwise comply with these
terms.
Affiliates shall act exclusively
as an independent contractor,
and is not an employee or agent.
Nothing in this Agreement shall
create a partnership, joint
venture, agency, or franchise
between the parties. Affiliates
shall not sign any document in
our name of or on our behalf,
nor shall any affiliate hold
itself out as being our agent or
as having apparent authority to
contract for or bind us to any
contract.
Affiliates may not promote our
products or services from any
website or other location that
engages in illegal conduct,
according to both law of the
jurisidction where we are based
and the law of the jurisdiction
in which the affiliate resides.
Additionally, affiliates agree
to not promote our products or
services from any website or
other location that also
contains or promotes 'adult'
related products or services,
whether or not there is nudity.
Advertising
Affiliates are solely
responsible for their own
advertising, which must be
truthful and not deceptive.
Affiliate advertising is not
pre-approved or reviewed by us.
Junk Faxes
It is against US federal law to
engage in commercial advertising
using unsolicited faxes to
persons located in the US. It is
against the law, even if your
country or jurisdiction may
permit unsolicited fax
advertising until a person
opt-outs from receiving further
advertisements.
We do not permit our affiliates
to send unsolicited faxes
advertising any of our products
or services to anyone, or
promoting affiliate's web pages
or content on which our products
or services are mentioned.
Any affiliate found to have sent
unsolicited faxes, whether or
not to someone they have an
existing business relationship
with, may, in our discretion,
have their license and right to
use and/or market our products
and services terminated.
This terminating event will not
result in a reimbursement of any
monies that have been paid to
us. Any owed commissions will be
forfeited to us.
You also agree to defend,
indemnify, and hold us harmless,
including our owners, employees,
independent contractors,
subsidiaries, affiliates,
attorneys, consultants, business
associates, service providers,
suppliers and agents, and anyone
else, from any liability,
claims, or demands, whether
legal or equitable in nature,
arising from your directly or
indirectly sending unsolicited
fax advertisements.
Spam
It is against US federal law to
engage in certain forms of
commercial advertising using
unsolicited email to persons
located in the US.
We do not permit our affiliates
to send unsolicited email
advertising any of our products
or services, or promoting
affiliate's web pages or content
on which our products or
services are mentioned,
irrespective of the law in your
jurisdiction.
Any affiliate found to have sent
unsolicited email, may, in our
discretion, have their license
and right to use and/or market
our products and services
terminated.
This terminating event will not
result in a reimbursement of any
monies that have been paid to
us. Any owed commissions will be
forfeited to us.
You also agree to defend,
indemnify, and hold us harmless,
including our owners, employees,
independent contractors,
subsidiaries, affiliates,
attorneys, consultants, business
associates, service providers,
suppliers and agents, and anyone
else, from any liability,
claims, or demands, whether
legal or equitable in nature,
arising from your directly or
indirectly sending unsolicited
email advertisements.
Other
Affiliates are prohibited from
copying, framing, or otherwise
making our website appear on
another domain.
Affiliates are prohibited from
taking any action, using any
practice or technology, which
interferes with our website
and/or tracking of referrals or
affiliate commissions. This
includes the use of toolbars,
download technology, cookie
stuffing, and any other system,
practice, or scheme which
results in a non-user caused
event that creates a
commissionable event.
Affiliates are prohibited from
accessing our website, or
causing any access to our
website, in violation of any of
these terms.
Miscellaneous
This Agreement in all respects
shall be governed by and
construed according to the laws
of the State of California, to
the exclusion of any other
applicable body of governing
law, without regard to conflicts
of laws principles.
This Agreement is entered into
in Sacramento County,
California. You consent to the
exclusive jurisdiction of
California, for any dispute
arising from or related to this
Agreement.
You agree that the exclusive
venue for any dispute arising
from or related to this
Agreement will be a court
located in Sacramento County,
California.
Should any term of this
Agreement be declared void or
unenforceable, that term shall
be severed from the Agreement
such declaration shall have no
effect on the enforceability of
the remaining terms.
This Agreement contains the
complete and entire
understanding and agreement
between you and us and
supersedes any previous
communications, representations,
or agreements, verbal or
written, related to the subject
matter of this Agreement.
This Agreement may not be
modified or amended orally,
impliedly, or in any manner not
set forth in writing or
permitted by this Agreement.
This Agreement may be amended by
us at any time and without
notice, but only by amending
this Agreement as posted on this
website, unless otherwise agreed
to in a writing signed by both
of us.
Any amendments will become
effective 30 days after being
posted on the website, unless
circumstances require that a
change be immediately
implemented. As a condition for
this Agreement you agree to
periodically check this
Agreement posted at this page.
You agree that your continued
use of our product or service
after that date will constitute
your consent and acceptance of
the amendment.
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