Term of Use – Policies – Conditions- Refunds - Warranty - Privacy
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU
ACCESS. READING AND ACCEPTING THE TERMS OF USE AND READING AND
ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE
REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO
VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY
VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY
BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO
ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY
OF THIS WEBSITE.
ALL
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU
ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR
INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE
CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE
RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE
TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR
VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND
INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE
TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN
AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW
THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or customers,
collectively referred to herein as "Visitors," are parties to this
agreement. The website and its owners and/or operators are parties to
this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless
you have entered into an express written contract with this website to
the contrary, visitors, viewers, subscribers, members, affiliates, or
customers have no right to use this information in a commercial or
public setting; they have no right to broadcast it, copy it, save it,
print it, sell it, or publish any portions of the content of this
website. By viewing the contents of this website you agree this
condition of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal penalties. Again,
Visitor has no rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked pages,
underlying code, or other intellectual property the site may contain,
for any reason for any use whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$100,000 in addition to costs
and actual damages for breach of this provision. Visitor warrants that
he or she understands that accepting this provision is a condition of
viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The
website and its contents are owned or licensed by the website. Material
contained on the website must be presumed to be proprietary and
copyrighted. Visitors have no rights whatsoever in the site content.
Use of website content for any reason is unlawful unless it is done
with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless
expressly authorized by website, no one may hyperlink this site, or
portions thereof, (including, but not limited to, logotypes,
trademarks, branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the url (website address) of
this website in any commercial or non-commercial media without express
permission, nor are you allowed to ‘frame’ the site. You specifically
agree to cooperate with the Website to remove or de-activate any such
activities and be liable for all damages. You hereby agree to
liquidated damages of US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The
website disclaims any responsibility for the accuracy of the content of
this website. Visitors assume the all risk of viewing, reading, using,
or relying upon this information. Unless you have otherwise formed an
express contract to the contrary with the website, you have no right to
rely on any information contained herein as accurate. The website makes
no such warranty.
If any of the sales or or promotion copy
contains statements or testimonials about income or earnings, those
statements are true to the best of our knowledge. However, you cannot
simply rely on these statements as being duplicable by you because many
factors affect results, inlcuding just dumb luck. Some people buy this
product to make money and, in fact, make money. Some people buy this
product and never read it or attempt to implement any of the
money-making ideas. Some folks apparently take to it like a duck to
water and cana’t stop making money. Nothing promoted on this website
should be construed as a "Get rich quick scheme." The products you are
buying to learn how to make money or products you are buying to
re-sell, have all been proven money-makers. The income and earnings
statements, if any, tend to reflect the most successful cases and you
should not construe this as being the "average" or usual success story.
As is true in much of life, real success usually requires real work.
Learning about real estate or the internet or any other money-making
system is not terrible work and it can produce very livable incomes if
you are willing to learn your craft and work at it steadily. Even
part-time efforts can bring in extra money each month. But it requires
learning skills that you may not have a background in and will require
constant education and, perhaps, even psychological motivation to keep
you at your goals.
No
warranties are made whatsoever about the amount of money, if any, that
you will earn from this material or this training and you warrant an
understanding that your only course of action is to test this product,
material and training to the extent of the refund stated and request a
refund if you are not satisfied.
DISCLAIMER
FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS
WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR
OTHER CORRUPTING FACTORS.
The
website assumes no responsibility for damage to computers or software
of the visitor or any person the visitor subsequently communicates with
from corrupting code or data that is inadvertently passed to the
visitor’s computer. Again, visitor views and interacts with this site,
or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this own risk. Website makes no
warranty that downloads are free of corrupting computer codes,
including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By
viewing, using, or interacting in any manner with this site, including
banners, advertising, or pop-ups, downloads, and as a condition of the
website to allow his lawful viewing, Visitor forever waives all right
to claims of damage of any and all description based on any causal
factor resulting in any possible harm, no matter how heinous or
extensive, whether physical or emotional, foreseeable or unforeseeable,
whether personal or business in nature.
INDEMNIFICATION
Visitor
agrees that in the event he causes damage, which the Website is
required to pay for, the Visitor, as a condition of viewing, promises
to reimburse the Website for all.
SUBMISSIONS
Visitor
agrees as a condition of viewing, that any communication between
Visitor and Website is deemed a submission. All submissions, including
portions thereof, graphics contained thereon, or any of the content of
the submission, shall become the exclusive property of the Website and
may be used, without further permission, for commercial use without
additional consideration of any kind. Visitor agrees to only
communicate that information to the Website, which it wishes to forever
allow the Website to use in any manner as it sees fit. "Submissions" is
also a provision of the Privacy Policy.
NOTICE
No
additional notice of any kind for any reason is due Visitor and Visitor
expressly warrants an understanding that the right to notice is waived
as a condition for permission to view or interact with the website.
DISPUTES
As
part of the consideration that the Website requires for viewing, using
or interacting with this website, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
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 the
Seller.
In
no case shall the viewer, visitor, member, subscriber or customer have
the right to go to court or have a jury trial. Viewer, visitor, member,
subscriber or customer 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, travel expenses.
JURISDICTION AND VENUE
If
any matter concerning this purchase shall be brought before a court of
law, pre- or post-arbitration, Viewer, visitor, member, subscriber or
customer agrees to that the sole and proper jurisdiction to be the
state and city declared in the contact information of the web owner
unless otherwise here specified. Charlotte, North Carolina, Mecklenburg
County. In the event that litigation is in a federal court, the proper
court shall be the closest federal court to the Seller’s address.
APPLICABLE LAW
Viewer,
visitor, member, subscriber or customer agrees that the applicable law
to be applied shall, in all cases, be that of the state of the Seller.
CONTACT INFORMATION
The Wierman Group,
20 W. North Street ,
Greenville, SC 29601
Tel: 888 811 2991
Pursuant to U.S.
State & Federal Laws the following is a statement of your legal
rights.
Disclaimer &
Legal
Rights
No Warranties
ALL WEB SITES,
PRODUCTS AND SERVICES ARE PROVIDED, AS IS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE
RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN
MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY
YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE
DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS IS THE ONLY
WARRANT OF ANY KIND, EITHER EXPRESS OR
IMPLIED, THAT IS MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH
INFORMATION OR ADVICE TO DO SO.
Customer Remedy
Our company's
entire liability, and the purchaser's
exclusive remedy, shall be a refund of the price paid or replacement
of our products, at our option. We limit replacement to thirty
days. All remedies are limited to the United States. Some states do
not allow the exclusion or limitation of liability, so the above
limitations may not apply to you.
Limitation &
Exclusion of Liability
These warranties
exclude all incidental or consequential
damages. Our company, and its suppliers, will not be liable for any
damages whatsoever, including without limitation, damages for loss
of business profits, business interruption, loss of business
information, or other pecuniary loss. Some states do not allow the
exclusion or limitation of liability, so the above limitations may
not apply to you.
Legal Forum,
Choice Of Laws & Official Language
This offering is
a contract between you the buyer and our
business, the seller. The seller is located in Greenville, South
Carolina, U.S.A. and by doing business with us you agree that this
offering is made from Greenville, South Carolina, U.S.A. and shall
be governed by the laws of the State of South Carolina and the
U.S.A. By electing to participate in this offer, you are entering
into a contract.
This Agreement
shall be governed by and construed in
accordance with the laws of the State of South Carolina, without
regard to its conflict of laws rules. Any legal action arising out
of this Agreement shall be litigated and enforced under the laws of
the State of South Carolina. In addition, you agree to submit to the
jurisdiction of the courts of the State of South Carolina, and that
any legal action pursued by you shall be within the exclusive
jurisdiction of the courts of Greenville and/or Greenville County in the
State of South Carolina, USA.
The terms
constituting this offering are set forth in
writing on this Web site. You hereby agree to submit to the
jurisdiction of the State and Federal Courts located in Lake Wylie
and/or York County, South Carolina, U.S.A. to resolve any disputes
or litigation hereunder. Whether or not you choose to print this
offering, containing the terms and conditions as described herein,
you agree that this contract constitutes a writing.
This agreement
is being written in English, which is to be
the official language of the contract’s text and interpretation. If
you do not agree with the above terms and conditions, you have the
option to not participate in this offer.
Copyrights
This Web site
and information contains copyrighted
material, trademarks, and other proprietary information. You may
not modify, publish, transmit, participate in the transfer or sale
of, create derivative works of, or in any way exploit, in whole or
in part, any Proprietary or other Material.
License
All images,
text, contents, products and scripts are
licensed and never sold, unless otherwise stated. Reproduction is
prohibited. You may not use, copy, emulate, clone, rent, lease,
sell, modify, decompile, disassemble, otherwise reverse engineer, or
transfer the licensed program or product, or any subset of the
licensed program or product, except as provided for in this
agreement or expressly in writing. Any such unauthorized use shall
result in immediate and automatic termination of this license and
may result in criminal and/or civil prosecution.
The "Online Lead Finder" System and Software
Refund Policy
The refund policy is determined by the specific product and offer. A
product can be returned only if meeting the following conditions:
1)
that you request a refund in writing via first class US mail to address
The Wierman Group, Attn: Refund Department, 20 W. North Street,
Greenville, SC 29601 and delivered within the 7 day money back
guarantee period, and for software products; The Software Destruction
form has been signed and returned . A
support ticket to request the software destruction form can be
requested at www.onlineleadfinder.com/hesk
3) The software license was not activated by entering in your license
code. The
Online Lead Finder software will operate without entering the licencing
code which will allows for 25 leads per day for testing
purposes. Once the software is activated by entering the
license code, no refunds will be
given under any circumstances
4) if the special offer for the 30 minute mentoring setup session was used,
under no circumstances will a refund be given. Duncan Wierman's time is
billed at 500 per hour or part thereof. This consult included secret
information to optimize the software for your market.
Joint Venture Facilitation and the "Online Lead Finder " For
your protection we have a License Agreement which all customers agree
to prior to licencing the Online Lead Finder Software. If you
purchase the software and do not agree to the terms of our license
agreement you may cancel your order and we will cheerfully give a full
refund within 3 days of the purchase provided you do not accept the
terms of the license agreement and activate your software.
Shipping
The
Joint Venture Facilitation System and Software is available for
direct download, but we will also send out a backup copy to
you via United States Postal Service, and should arrive within 7
business days.
Our company
reserves all rights not expressly granted here.
PRIVACY POLICY
This Privacy Policy describes the terms
of our commitment to your privacy.
PERSONS OR
PARTIES COVERED This Privacy Policy is intended to cover all
visitors to this website, all subscribers to lists or newsletters
whether paid or unpaid, all members or affiliates whether paid or
unpaid, and all customers. Persons who visit or view this website,
whether intentionally or unintentionally, whether solicited or
unsolicited, are described herein as "Visitors" and are parties to this
Privacy Policy. Subscribers to lists or Newsletters are referred to
herein as "Subscribers" and are parties to the Privacy Policy. Persons
who join an organization or marketing endeavor (e.g. "affiliates")
promoted by this website are called "Members" herein and are covered by
this Privacy Policy. Finally, anyone who orders, attempts to order, or
receives a product sold (recipients) or advertised on or delivered from
this website, even at no cost, is called a "Customer" herein and is
subject to this Privacy Policy not only by passive acceptance, but by
virtue of the Purchase Agreement contract. The website, its agents,
owners, operators, and employees are referred to collectively herein as
"Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS
WEBSITE ARE STILL COVERED
In the event that a person excluded from
this website because of the Terms of Use or from denial of service by
the website, who nonetheless unlawfully views this site, that person
remains subject to the terms of this Privacy Policy and is in violation
of the Terms of Use.
PERSONS UNDER 18 YEARS OF AGE ARE
EXCLUDED FROM THIS WEBSITE
This website is not lawfully
accessible to persons under the age of 18 or who are otherwise covered
by the provisions of the Child Online Privacy Act of 1998 (COPA). If you
are under the age of 18 you must leave this site immediately.
Fraudulent use of this website may make you subject to civil or criminal
sanctions.
VIEWING AND/OR USE AND/OR
COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
Acceptance of the terms of this Privacy
Policy is a portion of the consideration required for your right to
visit the website. If you do not accept these terms, you have no right
to visit this site and you are fraudulently using this site.
ABOUT THE PERSONAL
INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects
information about its visitors, subscribers, members, and customers.
This information is obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR
CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’
Registration means that the Visitor,
Subscriber, Member or Customer takes active, positive steps to
communicate information to this website. This can include pages or ‘pop
ups’ where you register for a newsletter or subscribe to a mailing list;
it can include your participation in visitor surveys; it can include
requesting information from the website via email, mail, or courier; it
may be from joining an affiliate program or other membership
organization, paid or unpaid; it may be from ordering a product.
Occasionally complete credit card
information may be provided to the website via fax or a fill-in form
rather than regular secure merchant service processing. This information
is kept at the highest level of security and is never divulged to
anyone except the merchant service provider or for the purpose of
communication with the customer.
ONLINE ORDERING
Online ordering via SSL
encrypted communication provided by shopping cart services supporting
merchant service companies like Visa and Master Card provides
information to the website but does not provide complete credit card
numbers. In the process of online ordering, the customer provides, name,
address, city, state, email address, phone number, CVV2 (back of card)
number, and, occasionally a member password. You should consider all
this information available to the website. This information is used to
deliver the product, but under the Purchase Agreement you also approve
its use for general solicitation purposes.
VISITOR EMAIL INQUIRIES
Website visitors who wish
to communicate with the website do so under two conditions: one, they
give their permission for contact by the website; two, they are subject
to any ‘submission’ provisions of the Terms of Use, Purchase Agreement,
or this Privacy Policy. While your email address may or may not be used
to solicit you, it is added to the website’s general solicitation
database.
CUSTOMER EMAIL OR
TESTIMONIALS
If you are a customer and send an
email to the website, or if you communicate with the site by phone or
mail, the website collects information about your communication and by
communicating with the site you give your permission to collect,
archive, retrieve, and otherwise use any information collected as the
site sees fit.
Any communication which, in its sole
discretion, the site deems to be a testimonial, may be publicized for
commercial purposes.
INFORMATION OBTAINED FROM
VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on
banners or pop-ups or hyperlinked advertising, appearing on this website
must assume that information is being collected about them. This site
is not responsible for the use of information collected in such a
fashion. Visitors must assume that (1) information will be collected,
(2) that ‘cookies’ will usually be placed on their hard drive, (3) that
website does not have any control over what happens with this
information, (4) that website takes no responsibility over the accuracy
or content of advertisers, (5) that website is not responsible for
downloads from third party advertisers that contain viruses or worms or
other computer code that causes their computer or software harm, and (6)
that website assumes no responsibility for the data that is garnered
from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM
REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this
site or if you send the url or one of our web pages to a friend, you
must assume that some data is collected about your IP address or your
email address and that of your friend. You must assume that referred
emails or web pages may appear to come from your email. You must accept
fully responsibility for referring pages or email to a friend and agree
to indemnify this site for any damage, intentional or unintentional that
results from said referrals.
INFORMATION OBTAINED FROM
VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey,
you must assume that any information provided to the website as part of
a survey in which you participate may be used for general solicitation
for commercial purposes and that such information will be shared with
joint venture partners, affiliates, marketing organization or used by
the site itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM
ELECTRONIC MEANS AND ‘COOKIES’
Many websites, including this one,
collect information about your computer, your email address, your IP
address. You must assume that your web-viewing or web-use activity is
monitored, tracked, and information collected. This information is not
usually of a personal nature, but it may help define your viewing habits
and product preferences even though the website may or may not have any
idea who you are.
"Cookies" is web jargon for bits of
computer code placed on your hard drive. Websites use this to keep you
‘logged in’, to keep track of search criteria, to monitor use, to
password protect use of the site or use of products sold by the site.
Cookies can also be used to obtain information about your computer
configuration or your use of your computer.
Cookies can be used to electronically
gather information about you. Again, it may or may not be personal
information, but it is information and by using this site you are
expressly giving permission to use ‘cookies’ and to use the information
gathered from their use to benefit you. You also give permission to
collect, archive, retrieve, and use any information collected for
product design, product offers to you, and general commercial
solicitation purposes by this site or joint venture partners,
affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED
The use of information as described below
may or may not be how information that is collected is customarily used
by this site. While actual use of any information collected may be used
quite conservatively, you must assume that it is not. You must assume
that information collected is shared with other persons or entities for
commercial purposes. While this is uncommon in practice, you must assume
that it is as you make your decision whether or not to view or interact
with this website. This type of shared information may include your
name, address, phone number, email address and buying habits, as well as
other information. This information may be used for general commercial
solicitation by this website or other persons it is sold to, rented to,
or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other
financial information is not usually known to the website. However, in
the event that it is made known, that information is never revealed to
anyone except to processing authorities or law enforcement agencies.
However, the provider of such information gives express permission to
use it in fraud investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or
customers who use any site provided bulletin boards or other public
forums, such as chat rooms, do so at their own risk. You may not assume
that the site monitors these services or protects you in any manner from
information you post publicly or share with anyone else via these
services.
SPAM
By providing to this website information
that forms the basis of communication with you, such as an email
address, you waive all rights to file complaints concerning unsolicited
email or spam from this website since, by providing such information,
you agree to receive communication from us or other marketing
organizations. However, all email communication with you shall contain
an ‘unsubscribe’ link where you may notify the website that you no
longer wish to receive solicitations or information from the website and
your name will be removed from the general solicitation database.
DATA SECURITY
This website takes measures to protect
its data that contains information related to you. However, as a
consideration for viewing this site or interacting with this site in any
manner, you waive all claims of any nature against this site concerning
the loss, alteration, or misuse of information. You must assume that it
is possible for your personal data to be obtained by others, such as
"hackers," and used in an inappropriate manner that may cause you harm
and that you agree that the site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR
REPORT OF INCIDENTS
You may direct questions, comments or
reports to:
The Wierman Group
20 W. North Street
Greenville, SC 29601
Tel: 888 811 2991
REVISIONS TO THIS PRIVACY
POLICY WITHOUT NOTICE
This Privacy Policy is dynamic. It
will continually change. You may not assume that it remains the same
and you agree to check the policy each time you visit the site for
changes. Unless, in the sole opinion of the website, this policy changes
so drastically as to suggest a posted notification on the site or via
email, you will receive no notification of changes to this Privacy
Policy nor, under any circumstances, does this site promise
notification. Your continued use of this site always evidences your
acceptance of the terms this Privacy Policy or any modifications.
LATEST UPDATE
This Privacy Policy was last updated on:
01-23-2010
COPYRIGHT
As part
of the consideration that the Website requires of the Visitor to view,
use, or interact with this site, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any kind
(whether in contract, tort or otherwise) arising out of or relating to
this purchase, this product, including solicitation issues, privacy
issues, and terms of use issues.
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 the Seller.
In no
case shall the Visitor have the right to go to court or have a jury
trial. Visitor 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 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, travel expenses.
JURISDICTION AND VENUE
If any matter concerning
this purchase shall be brought before a court of law, pre- or
post-arbitration, Visitor agrees to that the sole and proper
jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified.
Greenville, Greenville County, South Carolina. In the event that
litigation is in a federal court, the proper court shall be the closest
federal court to the Seller’s address.
APPLICABLE LAW
Visitor
agrees that the applicable law to be applied shall, in all cases, be
that of the state of the Website owner(s).