Web Site Agreement
Internet Selling For Newbies Web Site Agreement
The Internet Selling For Newbies Web Site (the "Site") is an online information service provided by Internet Selling For Newbies ("Internet Selling For Newbies "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Internet Selling For Newbies MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Internet Selling For Newbies, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Internet Selling For Newbies a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Internet Selling For Newbies by all means and in any media now known or hereafter developed. You also grant to Internet Selling For Newbies the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Internet Selling For Newbies for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Internet Selling For Newbies.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Internet Selling For Newbies. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Internet Selling For Newbies, Internet Selling For Newbiesdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for Internet Selling For Newbies- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Internet Selling For Newbies a. You also understand that Internet Selling For Newbies cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Internet Selling For Newbies PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Internet Selling For Newbies SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Internet Selling For Newbies DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Internet Selling For Newbies HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Internet Selling For Newbies BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Internet Selling For Newbies OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Internet Selling For Newbies LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Internet Selling For Newbies makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Internet Selling For Newbies web site, please understand that it is independent from Internet Selling For Newbies, and that Internet Selling For Newbies has no control over the content on that web site. In addition, a link to a Internet Selling For Newbies web site does not mean that Internet Selling For Newbies endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Internet Selling For Newbies, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Internet Selling For Newbies and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
5.1 Refunds.
Free Cd-Rom(s) provided by this website are FREE and can not be returned for cash value. Shipping costs associated with the delivery of said Cd-Rom(s) are non-refundable. Membership upgrades within the Internet Selling For Newbies website are refundable for a total of 30 DAYS ONLY. Additional mentoring or one on one coaching purchased as an extension of Internet Selling For Newbies through Higher Level Strategies is NON REFUNDABLE and billed hourly.
5.2 Help And Support.
Internet Selling For Newbies contains an internal help desk which is checked regularly by our staff. This help desk is to offer assistance with OUR SITE FUNCTIONALITY ONLY. The help desk staff is not trained in internet marketing or prepared to give technical or business advice. General help and support questions pertaining to this site are typically answered via email within 24-48 hours but can take as long as 7-10 days depending on volume.
5.3 Additional Help, Purchases.
On the Internet Selling For Newbies help desk page there is an advertisement and phone number for additional 1 on 1 coaching/mentoring/support/assistance through Higher Level Strategies LLC. If you contact Higher Level Strategies LLC, or Internet Selling For Newbies regarding additional 1 on 1 coaching/mentoring/support/assistance on the subject matter contained within the Internet Selling For Newbies website and Cd-Rom(s) you will be contacted by one of our sales reps to discuss a purchase of additional coaching/mentoring/support/assistance from our staff and/or assignees. Said additional coaching/mentoring/support/assistance may be done via email support, telephone calls and offline assistance from any/all of our staff and assignees; all time is billed hourly, deducted from your main purchase/enrollment fee and is non-refundable. IF YOU PURCHASE additional coaching/mentoring/support/assistance the terms of this website agreement and privacy policy govern said coaching/mentoring/support/assistance as it is an extension/upgrade of this purchase whether agreed to verbally, in written form or through electronic means. You may or may not be asked to enter into a new written agreement at such time, if not/otherwise this agreement will stand in full effect and govern the additional upgrade(s)/purchase(s) of coaching/mentoring/support/assistance as well.
Internet Selling For Newbies and Higher Level Strategies, LLC. will be held safe and harmless of any damages or losses incurred or claimed to be incurred by you as having arisen from any said Additional Help as you agree in the limitation of liability and indemnification sections of this agreement above. Internet Selling For Newbies and Higher Level Strategies, LLC. are not responsible for the success of your internet business.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Internet Selling For Newbies and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Internet Selling For Newbies's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Internet Selling For Newbies may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
7. ACKNOWLEDGEMENT.
By clicking the terms and conditions acknowledgment box and submitting your payment details on this website you are making a purchase from the Internet Selling For Newbies website and further agreeing that you have read and accepted ALL of these terms and conditions. You are acknowledging that you are willing and able to enter into and abide by this binding agreement. Should you not understand any portion of this agreement you are advised to NOT make a purchase and contact our office for clarification before you proceed. We are located at 3555 Veterans Memorial Highway, Ronkonkoma, New York 11779-7636. Our hours of operation are 9:00AM to 5:00PM Eastern time and our toll free phone number is 866-205-3389. You can also contact us by email at support@omar-martin.com or submit a ticket at the External help desk located at omar-martin.com/support.
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