Website
Terms & Conditions Of Use
This site is an authorized IBSoftShop site
owned by Joe E Clayton, Jr. and
operated by a Independent Licensee/Operator.
Any
eBook, Report, and/or Software delivered on this site, its contents,
and any product or service contained therein, is 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. Neither the author or publisher of the eBook
or Report, nor the programmer of the Software, nor Joe e Clayton,
Jr., nor their individual companies: Creative
Software or Free Software Forever, nor IBSoftShops, nor any Independent
Licensee/Operator of a website, individually or collectively, warrant,
guarantee, or make any representations regarding the use, or the
results of the use, of the eBook, Report, and/or Software or of the
websites, products, services or written materials in the terms
contained therein as to the correctness, accuracy, reliability,
currentness, or otherwise.
The
entire risk as to the results and
performance of the eBook, Report, and/or Software, or any or all
website(s), software, products or services contained therein or
referenced by such eBook, Report, and/or Software, are assumed by you
if the eBook, Report, and/or Software, website(s), related software,
products, services, or written materials are defective. You, and not
the author or publisher of the eBook or Report or the programmer of the
Software, or Joe e Clayton, Jr., or their
individual companies: Creative Software or Free Software Forever, nor
IBSoftShops, nor any Independent Licensee/Operator of a website,
individually or collectively, assume the entire cost of all necessary
servicing, repairs, or corrections.
While attempts
have been made to verify information contained in the eBook, Report,
and/or Software, the author or publisher of the eBook or Report or the
programmer of the Software, neither Joe e Clayton, Jr., nor their
individual companies: Creative Software or Free Software Forever, nor
IBSoftShops, nor any Independent Licensee/Operator of a website,
individually or collectively, assume any responsibility for errors,
omissions, interpretation or usage of the subject matter contained
within this License.
By opening this eBook, Report,
and/or Software, you agree to abide by this License Agreement, and any
Terms of Use, Disclaimer, and Copyright Notice accompanying such
products or contained on websites from which this eBook, Report, and/or
Software are distributed (hereinafter the "Agreements").
Failure to comply with the Agreements and/or any violation of the
Copyright of this product or any other applicable legal agreements will
be prosecuted to the fullest extent of the law. By opening this eBook,
Report, and/or Software, you also warrant that you are a person over
the age of 18.
The terms and conditions for
participating in any programs offered by any Independent
Licensee/Operator are located at the particular website in question.
The websites from which the eBook, Report, and/or Software are
distribute are subject to availability including all of their web pages
that may be contained within this eBook, Report, and/or Software. All
persons seeking to purchase or download the eBook, Report and/or
Software at any of the websites from which they are distributed must be
at least 18 years to purchase.
NOTE: Your details
will never be sold, shared, rented, or passed on to any third party by
the author or publisher of the eBook or Report or the programmer of the
Software, or their individual companies: Creative Software or Free
Software Forever, nor IBSoftShops, nor any Independent
Licensee/Operator of a website, individually or collectively. They are
for the use of the author or publisher of the eBook or Report or the
programmer of the Software, or their individual companies: Creative
Software or Free Software Forever, or IBSoftShops, or the Independent
Licensee/Operator of the website who provided you with this eBook,
Report, and/or Software so that you may be informed of new passwords,
new products that might be of interest to your, or new additions for
you to download. You can unsubscribe at any time by simply clicking on
the unsubscribe link at the bottom of each mailing -- although doing so
would mean that you would no longer receive updated passwords to open
and/or use this eBook, Report, and/or Software and that this eBook,
Report, and/or Software may become unusable as a result. For further
information, please see the Privacy Policy published at each website
from which this eBook, Report, and/or Software is distributed. For the
general Privacy Policy applicable to such sites, please click the
Privacy Policy hyperlink at the footer of this site.
TO
BE BOUND: By opening this eBook, Report, and/or Software, you expressly
agree: (1) to be bound by this License Agreement, and and any other
rules and terms and conditions of the websites which appear in this
eBook, Report, and/or Software if you choose to visit or use them; and
(2) to release the author or publisher of the eBook or Report or the
programmer of the Software, or their individual companies: Creative
Software or Free Software Forever, or IBSoftShops, or any Independent
Licensee/Operator of a website, individually and collectively, who
furnished you with this eBook, Report, and/or Software and their
owners, directors, officers, employees, agents, affiliates, successors,
and assigns from any and all liability associated with this eBook,
Report, and/or Software, or with the individual websites contained in
this eBook, Report, and/or Software.
By opening this
eBook, Report, and/or Software, you expressly agree to resolve any
dispute, disagreement, claim, or lawsuit arising as a result of the use
of this eBook, Report, and/or Software, any associated Affiliate
Program, or any associated website(s) under the laws of the State
listed in the Terms and Conditions (of Use) posted at the website from
which you made your download or purchase and if such document is
silent, then the laws of the State of Florida, U.S.A. shall
apply. You further agree that any such dispute,
disagreement, claim, or lawsuit shall be subject to Mandatory Online
Arbitration under the rules of the American Arbitration
Association. The outcome of any such Online Arbitration shall
be final. All costs of such Online Arbitration shall be borne
by the party initiatiating the dispute, disagreement, claim, or
lawsuite arising as a result of the use of this eBook, Report, and/or
Software, any associated Affilate Program, or any associated website(s).
This
eBook, Report, and/or Software is provided for informational purposes
only subject to the disclaimers contained herein.
REFUNDS:
Any person or entity who elects to purchase a Licensed version of this
eBook, Report, and/or Software as described herein, who does not agree
with this License or for any other reason is not happy with such
purchase, must make a request for a refund, in writing, within 60 days
of said purchase or said purchaser is deemed to have accepted this
License in full. Such request for a refund should be directed
to the website owner or Independent Licensee/Operator from which the
original purchase was made. No requests for refund will be
accepted by Joe e Clayton, Jr., Gina Gaudio-Graves, Esq. or their
individual companies: Creative Software or Free Software Forever, or
IBSoftShops, or any Independent Licensee/Operator of a website,
individually or collectively, unless such purchase was made through a
website operated by one of them. In the event that said
purchaser fails to make a request for a refund in writing from the
website owner or Independent Licensee/Operator from which the original
purchase was made within the 60 day period, then said purchaser must
send a notice in writing to the website owner or the Independent
Licensee/Operator from which the purchase was made, with a copy to
Legal (at) AbundanceGroup.com (replacing the "(at)" with the "@" symbol
and removing the spaces), including a personal statement explaining why
the purchaser did not make the request for refund in a timely manner
and must include a copy of any receipt for said
purchase.
Upon
receipt of such request, then, at the discretion of the website owner
or the Independent Licensee/Operator, with the permission of Joe e
Clayton, Jr. and their legal counsel, the website owner or the
Independent Licensee/Operator through which the sale was made may elect
to contact the purchaser to discuss the details of the situation, and
possibly, issue such refund. However, after the 60 day
period, there is no guarantee that any such refund shall be made by the
seller or by the author, the publisher, the programmer, Joe e Clayton,
Jr., nor or their individual companies: Creative Software or Free
Software Forever, nor IBSoftShops, nor any Independent
Licensee/Operator. In any event, neither the author, the publisher, the
programmer, Joe e Clayton, Jr., nor or their
individual companies: Creative Software or Free Software Forever, nor
IBSoftShops, nor any Independent Licensee/Operator will provide any
refund whatsoever unless the purchase was made directly from any of
their websites. Only those sums of money actually collected
from you, the purchaser, by any of the noted entities may be refunded
to you within the 60 day period. Otherwise, there is no
refund policy other than that described herein in effect. In
the event that you choose not to follow these explicit instructions and
instead file for a refund directly with any merchant processor causing
any damage whatsoever with the relationship between the seller and the
merchant, not only shall you be held liable for any actual damages
caused to the seller's merchant account, but you may also be liable for
liquidated damages in the amount of $1,000 per occurrence or the total
amount of the purchase price, whichever is higher.
FAILURE
OF INDEPENDENT LICENSEES/OPERATORS TO HONOR REFUNDS: All Independent
Licensees/Operators must promptly honor refunds, in the event that a
purchaser requests a refund within the 60 day period and said purchaser
has complied with the requirements of the prior paragraph and made such
request in writing within 60 days after such purchase of this eBook,
Report, and/or Software. Any Independent Licensee/Operator not promptly
honoring such refund request shall immediately loose any rights
previously granted to the Independent Licensee/Operator, without any
right to any related refund of any sums paid by the Indpendent
Licensee/Operator for such rights. Such decision shall be made at the
sole discretion of Joe e Clayton, Jr., individually or collectively,
with the approval of their legal counsel. All Individual
Licensees/Operators must be courteous, professional, and deliver the
eBooks, Reports, and/or Software ordered in a convenient and timely
manner for the customer's benefit.
SPECIFIC TERMS
AND CONDITIONS OF LICENSE TYPE: Please read and understand your limited
license rights to giveaway, brand, sell, resell, or convey any specific
rights granted to you based on the package type and/or license type you
have purchased or the type of license that came with your free
download. This eBook, Report, and/or Software may be distributed in
various forms. Contained on either the sales page of the website from
which you obtained this eBook, Report, and/or Software, and/or at
either the top of a ReadMe.txt file included in your download, and/or
on your receipt, or on each of them, you will learn whether you have
purchased any of the following rights:
* Giveaway Rights (if not specifically stated, then any eBook, Report,
and/or Software dowloaded is not distributable and is for your use only
and may not be given away or resold)
* Branding Rights (if not specifically stated, then any eBook, Report,
and/or Software downloaded is non-brandable)
* Resale Rights (if not specifically stated, then any eBook, Report,
and/or Software downloaded does not have any Resale Rights whatsoever
and is for your use only and may not be given away or resold)
* Master Resale Rights (if not specifically stated, then any eBook,
Report, and/or Software downloaded does not have any Resale Rights
whatsoever, and does not have any Master Resale Rights whatsoever, and
is for your use only and may not be given away or resold)
If
you have downloaded this eBook, Report, and/or Software at no charge,
then you have no Resale Rights or Master Resale Rights.
However, you may still have branding rights depending on the
information contained on either the sales or download page of the
website and/or the top of a ReadMe.txt file included in your download.
For
each class of rights or category of eBook, Report, and/or Software, the
following rules apply.
1) For any and all
license types, you may not make any claims to ownership of the content
or ideas contained in the eBook, Report, and/or Software or any
associated website(s) and you must include appropriate Copyright,
Trademark, and/or Patent notices in any advertising or webites used to
discuss, advertise, or describe the eBook, Report, and/or Software that
you have licensed by purchase or download, and/or that was delivered to
you by any third party.
2) Neither the original
author, publisher and/or programmer, nor Joe e Clayton, Jr., nor their
individual companies: Creative Software or Free Software Forever, nor
IBSoftShops, nor any Independent Licensee/Operator, conveys any
intellectual property rights whatsoever (including any Copyright,
Trademark, or Patent rights) or any ownership rights of this eBook,
Report, and/or Software or any related website(s), content, or any
other form of written or programmed material. All rights pertaining to
the intellectual property associated with the eBook, Report, and/or
Software are owned either by the author or programmer as listed therein
or by any third party listed therein as owning such Intellectual
Property Rights. If the eBook, Report, and/or Software is
silent as to the issue, then such intellectual property rights are
owned by either Joe e Clayton, Jr., or their individual
companies: Creative Software or Free Software Forever, or
IBSoftShops. If there is a question as to the ownership of
any such Intellectual Property Rights, please contact Legal (at)
AbundanceGroup.com with the specific product in question for further
information.
3) You are hereby granted
limited specific rights as described within the website from which you
made your purchase or download and/or within any ReadMe.txt file
included in your download, and/or within the receipt for your purchase,
all of which are incorporated herein as if they were set forth in full.
Combined, the purchase and license rights described within this
document and within any other End User License Agreement that may apply
to your download, construct your entire agreement and description of
rights granted with regard to the eBook, Report, and/or Software
purchased and/or downloaded. Separate Terms and Conditions (of Use) may
apply to individual programs contained within the eBook, Report, and/or
Software purchased and/or downloaded and may be found within the
specific website(s) referred to therein.
4)
If you should have any rights of resale or redistribution, whether you
are you are distributing this eBook, Report, and/or Software in its
original format, or a Branded version of this eBook, Report, and/or
Software, you have no right to promote the product(s) by any illegal
methods, including but not limited to, Unsolicitied Commercial Email
(spamming) as defined within the CAN-SPAM Act of 2003. In the event
that your distribution of this eBook, Report, and/or Software results
in any spam complaint, you agree to indemnify and hold harmless the
author and/or publisher of the eBook or Report and/or the programmer of
the Software, and Joe e Clayton, Jr., and their individual companies:
Creative Software or Free Software Forever, and IBSoftShops, as well as
any Independent Licensee/Operator, individually and collectively, for
all expenses and damages associated with any such spam complaint and
further, you agree to pay liquidated damages in the sum of $10,000 to
each of them as a result of any such spam complaint.
Furthermore, if you should have any rights of
resale or redistribution, whether you are you are distributing this
eBook, Report, and/or Software in its original format, or a Branded
version of this eBook, Report, and/or Software, through any illegal
methods whatsoever (including spam), any license previously conveyed to
you shall immediately terminate and you must immediately destroy any
and all copies of this eBook, Report, and/or Software and you must also
immediately terminate your resale or redistribution of this eBook,
Report, and/or Software. The author and/or publisher of the
eBook or Report and/or the programmer of the Software, and Joe e
Clayton, Jr., and their individual companies: Creative Software or Free
Software Forever, and / or IBSoftShops, individually and collectively,
reserve the right to enforce this License to the fullest extent allowed
by law and, if you are found to be reselling or redistributing this
eBook, Report, and/or Software through any illegal methods whatsoever,
or without owning a proper license for such resale or
redistribution, they also individually and collectively,
reserve the right to obtain an injunction against you, if necessary,
ordering you to cease and desist any such resale or redistribution, and
to bring an action against you, either as an arbitration or in a court
of law, for civil damages, punitive damages, and liquidated dames in
the amount of $1,000 per occurrence, all within the terms of this
License and any End User License that may apply. Any third
party Licensor reserves the right to take its own action against you
for violation of either this License or any End User License that may
apply to the eBook, Report, and/or Software.
IF THIS
eBOOK, REPORT, AND/OR SOFTWARE IS DISTRIBUTED WITH GIVEAWAY RIGHTS BUT
NOT DISTRIBUTED WITH BRANDING RIGHTS: If the license provided to you
includes "Giveaway Rights", you have full rights to make any number of
copies of this eBook, Report, and/or Software in the original form in
which you downloaded it only, and you may not make any changes to said
product or give away any other form of said eBook, Report, and/or
Software, to your prospects, customers, website visitors, friends,
family, etc. If your License includes "Giveaway Rights", you
also have full right to reproduce this eBook, Report, and/or Software
in its original form only (i.e. the form in which you downloaded said
copy) on floppy disc, CD-ROM, or other removable medium. However, you
do so at your own risk. Neither the author or publisher of the eBook or
Report or the programmer of the Software, nor Joe e Clayton, Jr., nor
their individual companies: Creative Software or Free Software Forever,
nor IBSoftShops, nor any Independent Licensee/Operator of the website
from which you downloaded said eBook, Report, and/or Software, provides
any warranty whatsoever (including any warranty of merchantability or
fitness for a particular purpose) for redistributing this eBook,
Report, and/or Software in any form whatsoever. If your
license does not include Branding Rights, then you may not make any
changes whatsoever to this eBook, Report, and/or Software.
If you attempt to make changes to the
identifying information contained in this eBook, Report, and/or
Software (including to any URLs, any affiliate ids, or any Independent
Licensee/Operator ids), or attempt to distribute this book in any
manner with such changes (including via the internet in any manner, or
on floppy disc, CD-ROM, or other removable medium), without having
Giveaway Rights or some form of Resale Rights, you shall immediately
forfeit any rights you may have under this License, without any refund
available to you and further, this license shall immediately
terminateNeither the author or publisher of the eBook or Report or the
programmer of the Software, nor Joe e Clayton, Jr., nor their
individual companies: Creative Software or Free Software Forever, nor
IBSoftShops, nor any Independent Licensee/Operator of a website
distributing this eBook, Report, and/or Software, provides any warranty
whatsoever (including any warranty of merchantability or fitness for a
particular purpose) for redistributing this eBook, Report, and/or
Software in any form whatsoever.. In the event that you breach this
term of this License, you shall immediately forfeit any rights you may
have had under this License and this License shall immediately
terminate, and further, you are liable for liquidated damages in the
amount of $1,000 per copy of a branded eBook that you redistributed
without having a license to do so. Such liquidated damages shall be
paid to the website owner or Indepenent Licensee/Operator from which
you downloaded such eBook, Report and/or Software. However,
the author and/or publisher and/or programmer, individually and/or
collectively, reserve the right to take any other action they may
choose to obtain any other equitable or legal remedy available to them.
IF
THIS eBOOK, REPORT, AND/OR SOFTWARE IS DISTRIBUTED WITH
RESALE RIGHTS: If you obtained Resale Rights for this eBook, Report,
and/or Software, then you have the right to sell an unlimited number of
copies of this eBook, Report, and/or Software to your prospects,
customers, website visitors, friends, family, etc. Further, such Resale
Rights License does not automatically include Branding Rights for this
eBook, Report, and/or Software, as described herein. Any such
Resale Rights are to resell this eBook, Report, and/or Software in its
original form ONLY. Once you have obtained Resale Rights as
governed by this License, there may be a minimum price at which you may
resell this eBook, Report, and/or Software. Any such minimum
price would be listed at website from which you obtained the resale
rights to this eBook, Report, and/or Software and is subject to change
without notice. It is your responsibility to determine
whether any such minimum price exists and, if so, the amount of the
minimum price at the time that you resell a copy of this eBook, Report,
and/or Software. If you obtained a License with Resale
Rights, then you have full right to reproduce this eBook, Report,
and/or Software on floppy disc, CD-ROM, or other removable medium as
well as to place a copy of this eBook, Report, and/or Software on the
internet for download, in order to sell said eBook, Report, and/or
Software. However, you do so at your own risk. Neither the author or
publisher of the eBook or Report nor the programmer of the Software,nor
Joe e Clayton, Jr., nor their individual companies: Creative Software
or Free Software Forever, nor IBSoftShops, nor any Independent
Licensee/Operator of a website distributing this eBook, Report, and/or
Software, provides any warranty whatsoever (including any warranty of
merchantability or fitness for a particular purpose) for for the resale
of an eBook, Report, and/or Software. In the event that you have
obtained a License with Resale Rights, you are only allowed to resell
the eBook, Report and/or Software to which that License
applies. That License with Resale Rights does not grant to
you the right to resell resale rights to any person or entity. You are
prohibited from selling Resale Rights of this eBook, Report, and/or
Software to any person or entity whatsoever. In the event that you
breach this term of this License, you shall immediately forfeit any
rights you may have had under this License and this License shall
immediately terminate. Further, you are liable for liquidated
damages in the amount of $1,500 per copy of any eBook, Report, and/or
Software that you sold with said Resale Rights. Such liquidated damages
shall be paid to the website owner or Indepenent Licensee/Operator from
which you downloaded such eBook, Report and/or Software.
However, the author and/or publisher and/or programmer, individually
and/or collectively, reserve the right to take any other action they
may choose to obtain any other equitable or legal remedies available to
them, including other forms of damages.
IF THIS
eBOOK, REPORT, AND/OR SOFTWARE IS DISTRIBUTED WITH BRANDING
RIGHTS: If you obtained Branding Rights for this eBook, Report, and/or
Software, then such Rights may allow you to customize this eBook,
Report, and/or Software to include your own name, telephone number,
and/or email address, at a minimum, and may also allow you to enter an
affiliate id(s), member id(s), and/or referral id(s) for various
products and/or programs so that you may gain the benefits of
potentially earned commissions, all in accordance with the Terms and
Conditions as found at the website from which you downloaded this
eBook, Report, and/or Software. Once you have been given the
right to download the Branding Tool which is governed by this License,
then you also have full rights to make any number of copies of your
Branded eBook, Report, and/or Software to redistribute or resell
(depending upon the type of License you have ) to your prospects,
customers, website visitors, friends, family, etc. These Branding
Rights are limited to the type of License you are Granted (a License
with "Giveaway Rights" in which case you may redistribute
your branded copy but not resell it, or a License with Resale Rights,
in which case you may resell your branded copy in accordance with this
License and the paragraph pertaining to the License for Resale
Rights). No matter whether you have a License with Giveaway
Rights or a License with Resale Rights as described herein, you are not
granted any License other than a License to use the branding tool for
yourself or your company, and then only once, and you are not allowed
to redistribute or to resell the branding tool in any
way.
If you
have obtained Branding Rights, then this license allows you to
reproduce this eBook, Report, and/or Software in its Branded Form and
either redistribute it or resell it through the Internet, on floppy
disc, CD-ROM, or other removable medium. However, you do so at your own
risk. Neither the author or publisher of the eBook or Report nor the
programmer of the Software, nor Joe e Clayton, Jr., nor their
individual companies: Creative Software or Free Software Forever, nor
IBSoftShops, nor any Independent Licensee/Operator of a website
distributing this eBook, Report, and/or Software, provides any warranty
whatsoever (including any warranty of merchantability or fitness for a
particular purpose) for branding an eBook, Report, and/or Software or
for using a branded copy of an eBook, Report, and/or Software, or for
redistributing an eBook, Report, and/or Software. In no event do you
have the right to brand the eBook, Report, and/or Software more than
once, and even then, you may only do so with your own individual or
company information. Further, you may not use your Branding
Tool to make additional branded copies of an eBook, Report, and/or
Software for any other person or entity. You also do not have
the right to use the Branding Tool to brand any other eBook, Report,
and/or Software, other than the one for which it was
intended. You also do not have the right to sell the branding
tool as described herein. Further, other than to make the changes
allowed by the Branding Tool, you are not allowed to make any further
changes (including any additions or deletions), to the eBook, Report,
and/or Software.. In the event that you breach any term of this
License, you shall immediately forfeit any rights you may have had
under this License and your License shall immediately
terminate. Further, if you breach this term of this License,
you shall be liable for liquidated damages in the amount of $1,000 per
copy of a branded eBook, Report, and/or Software that you made using
your Licensed Branding Tool. Such liquidated damages shall be paid to
the website owner or Indepenent Licensee/Operator from which you
downloaded such eBook, Report and/or Software. However, the
author and/or publisher and/or programmer, individually and/or
collectively, reserve the right to take any other action they may
choose to obtain any other equitable or legal remedy available to them,
including other forms of damages.
BUNDLING OF THIS
EBOOK, REPORT, OR SOFTWARE WITH ANY OTHER PRODUCTS: In some
cases, you may obtain a License to bundle this eBook, Report, and/or
Software with your other products. In the event that the website from
which you obtained this eBook, Report, or Software is silent on this
issue, then you do NOT have the right to bundle this eBook, Report, or
Software with any other products. In the event that the
website from which you obtained this eBook, Report, and/or Software
states that you are allowed to bundle same with other product, then
such License to Bundle does not transfer any ownership rights to you
whatsoever by allowing you to bundle this eBook, Report, and/or
Software with any other products nor does the bundling of this eBook,
Report, and/or Software imply that the author or publisher, or the
programmer, or Joe e Clayton, Jr., or their individual companies:
Creative Software or Free Software Forever, or IBSoftShops, approve of
or endorse any other product included in such bundle. If you
have obtained a License to Bundle, then you must identify in your own
Terms and Conditions a well as on any website or in any advertising or
sales literature advertising this eBook, Report, and/or Software as
part of a bundle, that neither the author and/or publisher and/or
programmer, nor Joe e Clayton, Jr., nor their individual companies:
Creative Software or Free Software Forever, nor IBSoftShops, nor the
Independent Licensee/Operator of the website from which you obtained
this eBook, Report, and/or Software, have any responsibility whatsoever
for any other products in the bundle or package that you may be
offering. You hereby agree to indemnify and hold harmless each of them
from any actions that may be brought against any of them as a result of
your including this eBook, Report, and/or Software (whether in its
original form or in its branded form) in your bundle or
package.
Furthermore,
you must also include the appropriate acknowledgement of any and all
intellectual property rights of any of them, including but not limited
to, Copyrights, Trademarks, Tradenames, and/or Patents or Provisional
Patents, in your website(s), your advertising copy, your Terms and
Conditions, and any other appropriate location. Furthermore,
if this eBook, Report, and/or Software is subject to a Third Party End
User License Agreement, then you must also include appropriate
acknowledgement of any and all intellectual property rights of the
Third Party, and the fact that anyone obtaining the product in the
bundle is also subject to both this License Agreement as well as the
Third Party End User License Agreement. In the event that you
breach this term of this License, you shall immediately forfeit any
rights you may have had under this License and this License shall
immediately terminate. Further, in the event that you breach
this term of this License, you shall be liable for liquidated damages
in the amount of $2,500 per copy of any eBook, Report, and/or Software
that you redistributed or resold in breach of this License. Such
liquidated damages shall be paid to the website owner or Indepenent
Licensee/Operator from which you downloaded such eBook, Report and/or
Software. However, the author and/or publisher and/or
programmer, individually and/or collectively, reserve the right to take
any other action they may choose to obtain any other equitable or legal
remedy available to them, including other forms of damages.
ADDITIONAL
LICENSE RESTRICTIONS: Whether you are distributing this eBook, Report,
and/or Software in its original format, or as an Branded Version, you
have no right to promote the product by any illegal or unethical
methods, including but not limited to, spam, UCE or any other
unsolicited methods.
Neither the author or publisher
of the eBook or Report or the programmer of the Software, nor Joe e
Clayton, Jr., nor their individual companies: Creative Software or Free
Software Forever, nor IBSoftShops, nor any Independent
Licensee/Operator of a website, are responsible for any loss or damage
suffered by you or any third party as a result of the downloading of
this eBook, Report, and/or Software and/or the use of this eBook,
Report, and/or Software and/or any supporting files.
In
no event will either the author or publisher of the eBook or Report or
the programmer of the Software, or Joe e Clayton, Jr., or their
individual companies: Creative Software or Free Software Forever, or
IBSoftShops, or any Independent Licensee/Operator of a website, be
liable for any direct, indirect, incidental, consequential, or other
loss or damage arising out of the downloading, use, branding,
redistribution, resale, or bundling of this eBook, Report, and/or
Software by any person, regardless of whether or not the author or
publisher of the eBook or Report or the programmer of the Software, or
Joe e Clayton, Jr., or their individual companies: Creative Software or
Free Software Forever, or IBSoftShops, or any Independent
Licensee/Operator of a website, has knowledge of the possibility of
damages in advance.
All links to websites contained
in this eBook, Report, and/or Software, and in any website(s) from
which any of them may be distributed may be trademarked and/or
copyrighted by their respective owners. This License does not in any
way give you any right or privilege with respect to any Trademarks or
Copyrights, including those owned by third parties. Where applicable,
you are to honor the third party Trademarks and Copyrights. Any
violation of a third party Trademark or Copyright will be prosecuted to
the fullest extent of the law by both the third party and Joe e
Clayton, Jr., and their individual companies: Creative Software or Free
Software Forever, and IBSoftShops, and any Independent
Licensee/Operator of a website, as permitted by law.
All
Trademarks, Tradenames, Business Names, Logos, and website URLs
contained within this eBook, Report, and/or Software are copyrighted by
their respective owners and may not be reproduced, in whole or in part,
unless used in brief quotations and then, only if left intact,
explicitly in the order location, and manner in which they are used
within this eBook, Report, and/or Software, and with proper credit
given to the appropriate party owning such Trademark, Tradename,
Business Name, Logo, or website URL.
You are
specifically prohibitted from obtaining any domain name for any purpose
whatsoever, which may be confusingly similar to, or contain any portion
of the name of the eBook, Report and/or Software, or the domain names
for the website(s) from which any of them may be downloaded, or the
author or publisher, or the programmer, or Joe e Clayton, Jr., or their
individual companies: Creative Software or Free Software Forever, or
IBSoftShops, or the name of any Independent Licensee/Operator of a
website.
The author, publisher, or programmer
reserves the right to terminate any affiliate program that may be
associated with the sale of this eBook, Report, and/or Software, and
any associated website(s) at any time, without warning, and none are
responsible for any results forthcoming from said termination.
Furthermore, the author, publisher, or programmer extends no warranty
of results either expressed or implied from the usage of this eBook,
Report, and/or Software. This eBook, Report, and/or Software
is provided for informational purposes only and is not intended to
provide any advice on a particular subject. It is your
responsibility to perform your own due diligence to verify the contents
of said eBook, Report, and/or Software before implementing any
suggestions, solutions or remedies suggested therein.
Any
earnings or income statements, or earnings or income examples, whether
contained on the website(s) or within this eBook, Report, and/or
Software are only estimates of what anyone thinks you could earn. There
is no assurance you will do as well. If you rely upon any hypothetical
figures, you must accept the risk of not doing as well. Any and all
claims or representations as to income earnings contained on the
website(s) or within this eBook, Report, and/or Software or on any
sites contained therein, are for illustration purposes only and are not
to be considered as average earnings. There can be no assurance that
any prior successes or past results as to income earnings, can be used
as an indication of your future success or results. The amount of time
and effort that you spend marketing and promoting this opportunity will
directly correlate with your income result. For further information,
see the Earnings Disclaimer contained on the website from which you
obtained this eBook, Report, and/or Software.
Anyone
violating this License or its terms will forfeit his/her right to
continue marketing this eBook, Report, and/or Software, should any such
rights exist, both in their original state and in their branded state.
Further, if any such person or entity shall have had Resale Rights, any
such Resale Rights shall be immediately forfeited without refund and
any such person or entity shall immediately forfeit his/her/its right
to continue marketing this eBook, Report, and/or Software. In the event
that this eBook, Report, and/or Software is protected by password, and
you violate this License or its terms, then any password shall
immediately be disabled, and you will no longer receive updates or
entry to download or use the eBook, Report, and/or Software, including
any copies that you may have already distributed.
The
laws of the State of Florida, Volusia County, United States shall apply
to any claim or dispute under this License. The laws of the
United States shall apply to any claim or dispute related to
Intellectual Property Rights that arise under this License.
The rules and policies, including the Dispute Resolution Policies, of
ICANN shall apply to any domain name disputes that arise under this
License.You agree that any legal action or proceeding that arises under
License or the parties' obligations hereunder for any purpose
concerning this Agreement or the parties' obligations hereunder, will
first attempt to be resolved with the help of a mutually agreed-upon
online mediator. Any costs and fees (other than attorney fees)
associated with the mediation will be shared equally by the parties.
If
it proves impossible to arrive at a mutually satisfactory solution
through online mediation, you agree that the dispute will be submitted
to binding arbitration either online or in Volusioa County, State of
Florida, United States, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
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.
Any cause
of action or claim you may have with respect to the website, the
products, the Services, the eBook(s), the Reports, or the Software must
be commenced within ninety (90) days after the claim or cause of action
arises or such claim or cause of action is barred. Any failure to
insist upon or enforce strict performance of any provision of this
License 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 License. Either Joe e
Clayton, Jr., or their individual companies: Creative Software or Free
Software Forever, or IBSoftShops, or any Independent
Licensee/Operator of a website, may assign his/her/its rights and
duties under this License to any party at any time without notice to
you. Use of headings in this document is for convenience only and does
not identify legal boundaries or terms explicitly.
Joe
e Clayton, Jr., or their individual companies: Creative Software or
Free Software Forever, or IBSoftShops, may modify this License, and the
agreement this creates, at any time, simply by updating this posting
and without notice to you. This License represents the ENTIRE agreement
regarding all the matters that have been discussed herein.
©
Copyright 2005 by Gina Gaudio-Graves, Esq. and The Abundance Group, LLC
and licensed for use by Joe E. Clayton, Jr., Creative Software, and
Free Software Forever. All Rights Reserved. No
portion of this License Agreement may be copied or used by anyone other
than the Licensee without the express written permission of Gina
Gaudio-Graves, Esq. and The Abundance Group, LLC.
Definitions
THE
DEFINITIONS WHICH FOLLOW ARE MEANT ONLY FOR CONVENIENCE FOR THIS
PRIVACY POLICY. OTHER DEFINITIONS MAY BE CONTAINED WITHIN OTHER
APPLICABLE LEGAL AGREEMENTS LOCATED ON THE WEBSITE(S) INCLUDING ANY
LICENSE THAT MAY APPLY TO SPECIFIC PRODUCTS, REPORTS, OR SOFTWARE, ANY
AFFILIATE OR INDEPENDENT LICENSEE/PARTNER AGREEMENT, ANY DISCLAIMER,
AND ANY TERMS AND CONDITIONS (OF USE), OF THE SITES ALL OF WHICH ARE
HEREBY INCORPORATED BY REFERENCE AS IF THEY WERE FULLY SET FORTH
HEREIN. THIS PRIVACY POLICY AND THE LEGAL DOCUMENTS LOCATED ON THE
WEBSITE(S) ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE DIRECTED TO
REGULARLY CHECK THE WEBSITE(S) FOR THE MOST CURRENT VERSION OF THESE
DOCUMENTS AND YOU ARE RESPONSIBLE FOR CONFORMING YOUR ACTIONS TO THE
MOST CURRENT VERSION OF THESE DOCUMENTS.
"We", "Us",
and "Our" refers to Joe e. Clayton, Jr., Gina Gaudio-Graves, Attorney
at Law, and their indidivudal companies, Creative Software, Free
Software Forever, and The Abundance Group, LLC. The term also refers to
the authors, publishers, and programmers of any eBooks, Reports, and/or
Software contained on the WizardOfOgg website(s) and the MP3IsNotFree
website(s) as well as to the Independent Licensee/Operators of any
website(s) from which these eBooks, Reports, and/or Software may be
sold. The terms "We" refers to each of these individually as well as
collectively.
"The Website(s)" refers to the
WizardOfOgg website(s), the MP3IsNotFree website(s), the IBSoftShop
website(s), the AbundantAudio website(s), as well as to the website(s)
of any Independent Licensee(s)/Operator(s) through which the applicable
eBooks, Reports, and/or Software are available, as well as to the
specific content, information, suggestions, ideas, or techniques
provided on The Website(s).
"The Materials" refers
to any eBooks, Reports, Software, or other information, content,
suggestions, ideas, or techniques, from or through The Website(s).
"You"
refers to any person or entity using The Websites, any Independent
Licensee/Operator, any Purchaser. Licensee, Affiliate, or other
individual or entity who has any interest in or who is currently using,
licensing, purchasing, joining, participating in, responding to,
following, or adhering to any program, strategy, or information owned,
operated, licensed, provided, and/or offered by those indivudals and
entities described as "We", "Us", and
"Our" on any
of The Website(s), or contained in any eBooks, Reports, or Software,
provided through the websites mentioned above.
"The
Information" refers to the content of the website(s), as well as the
content of the eBooks, Rreports, Software, or newsletters published by
Us on or through the website(s) or in any eBooks, Reports, or Software
provided through the website(s), that suggests, states, implies, or
discusses, in any way, the earning of commissions, monies, or credits
through any means or strategies.
We own and/or
operate websites, an Independent Licensee/Operator Program, and an
exclusive (by invitation only) Affiliate Program through The Websites.
and also publishes various eBooks (hereinafter collectively referred to
as the "Sites"). "You" refers to the person using The Websites, The
Materials, and/or The Information. We strive to offer You the many
advantages of Internet technology and to provide an interactive and
personalized experience.
We may use "Personally
Identifiable Information" (name, e-mail address, street address,
telephone number, IP address, financial information, social security
number and/or other form of tax identification number, and other
information) subject to the terms of this Privacy Policy. We will never
sell, barter, or rent your email address to any unauthorized third
party. We employ specific security measures when storing, retrieving,
or accessing any form of financial information and/or (from Independent
Licensees/Operators and/or exclusive Affiliates) social security
numbers and/or other form of tax identification numbers.
How
We Gather Information From Users
How
we collect and store information depends on the page you are visiting,
the activities in which you elect to participate and the services
provided. For example, you may be asked to provide information when you
register for access to certain portions of our site or request certain
features, such as newsletters or when you make a purchase. You may
provide information when you participate in any of Our programs, on or
by The Websites and other interactive areas of The Websites. Like most
websites, we also collect information automatically and through the use
of electronic tools that may be transparent to You. For example, we may
log the name of your Internet Service Provider or your IP address, or
use information available through the Internet, cookie technology,
other forms of technology, and technologies yet to be conceived and/or
implemented, to recognize You and hold information from your visit. (To
learn more about "IP addresses" or "cookies", find information by use
of an Internet search engine.) As we adopt additional technology, We
may also gather additional types and categories of information about
You and Your use of The Websites, its Programs, Your use of the the
Internet, and/or Your implied topics of interest, usage, or research,
and do this through other means.
In certain
instances, you can choose not to provide us with information, but, if
you do, you may be unable to access certain portions of the site and
might not be able to download certain eBooks, Reports, Software, and/or
other Products, or we may not be able to customize the site's features
according to your preferences, or you may not be able to become a
Participant in some or all of the programs offered at The Websites.
Furthermore, in some instances (as detailed in the Terms and Conditions
as well as in the paragraph below entitled "Taxpayer Identification
Number") if you fail to provide us with information we request, you may
be ineligible to participate in some or all of the programs and/or
services offered through The Websites.
What We Do
With the Information We Collect
Like other web
services, we collect general information to formulate lists of topics,
categories of interest and/or use, and your implied specific areas of
interest. This may be used to enhance your visit, deliver more
individualized content, to affect our accounting methodology, to secure
our database(s), to protect Us from illicit usage of The Websites, or
to enable or disable certain products, services or programs for use by
You. We respect your privacy and do not share your information with
anyone outside of Our organizations (see definition of "We", "Our", and
"Us", above) and any subsidiaries We may have. Additionally, real time
transmission of the information may occur to affect, enable, or enhance
other programs and services.
Aggregate Information
(information that does not personally identify You) may be used in many
ways. For example, we may combine information about your usage patterns
with similar information obtained from other users to help enhance The
Websites and the services offered therein (e.g., to learn which pages
are visited most or what features are most attractive). Aggregate
Information may occasionally be shared with Our subsidiaries, Our
advertisers, Our business partners, or the general public. Again, this
information does not include any Personally Identifiable Information
about You or that would allow anyone to identify You individually.
Additionally, periodic transmission of the aggregate information may
occur to affect, enable, or enhance other products, programs and
services that We may offer.
We may use Personally
Identifiable Information collected by and/or retained on The Websites
or through any of Our Independent Licensees/Operators websites, or
through any of Our Affiliates' links, to communicate with You about
your purchases, registration and customization preferences; our Terms
and Conditions (aka License/Terms and Conditions (of Use)/Terms of
Service), this Privacy Policy, or any other legal documents contained
on The Websites or any other legal documents which pertain to your
participation; services and products offered, now or in the future, by
Us, or any other topics we think you might find of interest.
Any such communication may be in the form of email or by telephone or
any other means suitable to the type of communication, including any
new information delivery technologies that might become available.
Personally
Identifiable Information collected by and/or retained on or through The
Websites or through any of our Independent Licensee/Operator's sites,
or through any of Our Affiliates' links, may also be used for other
purposes, including but not limited to site administration,
troubleshooting, processing of e-commerce transactions, administration
of sweepstakes and contests, and other communications with You. Certain
third parties who provide technical support for the operation of The
Websites (our Web hosting service or server rental company, for
example), in general, may have indirect access to such information. We
will use your information only as permitted by law. In addition, from
time to time, as we continue to develop our business, we may sell, buy,
merge or partner with other companies or businesses. In such
transactions, Your personally identiviable information may be among the
transferred assets. We may also disclose your information in response
to a court order, at other times when we believe we are reasonably
required to do so by law, in connection with the collection of amounts
you may owe to us, and/or to law enforcement authorities whenever we
deem it appropriate or necessary. Please note we may not provide you
with notice prior to, or after, disclosure in such cases.
Occasionally
We are approached by companies and professional associations seeking to
inform our Users, Partners, Independent Licensees/Operators, Licensees,
Purchasers, and/or Affiliates, about products or services that may be
of interest to them. We review these requests and when, in our
judgment, we think the information would be of benefit to You, we may
cooperate in getting You this information. We view receiving such
information as a benefit for those who are seeking new tools to help
them run their online business. In such cases, we would provide you
with this information directly, rather than provide your Personally
Identifiable Information to the outside companies and professional
associations. We may initiate the communication of any information or
advertising for Our direct or indirect financial gain and it is done so
without any compensation due to You or any other recipient of the
information.
Financial Information
We
may use third party merchant payment verification and processing
companies to obtain payment and approvals and to bill You for The
Materials, the Information, and/or other Products or Services. We do
not have complete control over the actions or intentions of the third
party payment processors or how they use the information that you may
provide during a payment transaction and therefore have no
responsibility for their use of the data specific to the transaction.
These payment processors, and/or your own financial institution may, in
some circumstances, make secondary use of your personal information and
purchasing history; it is your responsibility to contact the payment
processors and/or your financial institution for information regarding
their specific usage of the information conveyed during transactions.
On
most purchases and transactions through or from The Websites, We will
normally collect and record merchant/payment processing information.
Much of the determination on what information is collected and/or
archived before, during, and/or after a purchase transaction, is based
on the provisions and/or limitations of the payment processor systems
that are implemented on each of The Websites, and this may vary from
site to site. Purchases will normally be done via third party merchant
transaction or other payment providers and such information during the
post sale transaction of data and the data communication between their
computer(s) and our computer(s) may or may not not be encrypted or
protected with SSL or any other form of encryption software, in some
cases.
The actual account access credentials
information is not supplied to Us, but is available only for purposes
of processing and completing the purchase transaction. The account
and/or credentialization information is only disclosed to specific
third parties as necessary to complete the purchase transaction, or
during the process of financing the transaction. Additionally,
notifications delivered in the form of email to Us will be delivered
unencrypted and clearly readable in standard character sets defined by
or within the geography of delivery or by or within the receiving
computers configuration. During the entire process of placing and
paying for an order, there may be several steps in the process where
data is transmitted unencrypted and this is variable between Users
partly based on the configuration of web browser technology or by any
other means they access The Websites, or by the payment method and/or
payment or merchant transaction processor chosen or available at the
time of purchase, or by any third party provider used by the merchant
transaction or associated payment processor, all of which is beyond Our
control. Your payment processor ids, payment processor transaction
identifiers, dates and times of transactions, contractual obligations
or details specific to the transactions, checksums, electronic forms of
signature, and any other useful information for identifying or
explaining or replicating the transaction may be stored temporarily or
permanently on The Websites.
Requesting Your
Personally Identifiable Information and/or Financial Information
Upon written request we may provide You with
access to information that we maintain about You including, but not
limited to, financial information (e.g., payment processor and/or
merchant account information), unique identifier information (e.g.,
customer number or password), transaction information (e.g., dates on
which You made purchases, amounts and types of purchases),
participation history (e.g. dates on which you subscribed to lists at
The Websites), and/or contact information (e.g., name, address, phone
number). Upon request, we offer You the ability to have inaccuracies
corrected in contact information, financial information, and/or
transaction information as further detailed in the Affiliate Program.
Affiliated
Sites, Linked Sites and Advertisements
We expect Our
Independent Licensees/Operators, partners, associates, advertisers,
and/or Affiliates to respect Your privacy. Be aware, however, that
third parties (including, but not limited to, Our Independent
Licensees/Operators, partners, associates, advertisers, and/or
Affiliates to respect, Ou affiliated companies, personnel, consultants,
and advisors, other content providers, or other advertising services)
(collectively referred to as "Promotional Partners") whose websites may
be accessible through The Websites, may have their own privacy and data
collection policies and practices. For example, during your visit to
The Websites, or websites that The Websites link to, you may link to or
view, certain content that is actually owned, created, hosted by a
third party, or hosted or advertised by another service, or websites
far removed from and unrelated to the Websites. Also, through The
Websites, The Materials, or The Information, you may intentionally or
unintentionally be introduced to, or be able to access, information,
other websites, programs, products, services, features, contests or
sweepstakes offered by other parties. We are not responsible for the
actions or policies of such third parties. You should check the
applicable privacy policies of each of those third parties when
providing information on any page operated by a third party.
While
on The Websites, our Promotional Partners or other third parties may
use cookies or other technology to attempt to identify some of your
preferences or retrieve information about you. For example, some of our
advertising is served by third parties and may include cookies that
enable the advertiser to determine whether you have seen a particular
advertisement before. Other features available on The Websites may
offer services operated by third parties and may use cookies or other
technology to gather information. We do not control the use of this
technology by third parties or the resulting information, and are not
responsible for any actions or policies of such third parties.
You
should also be aware that if you voluntarily disclose Personally
Identifiable Information on message boards or in chat areas which may
be accessible through The Websites, The Materials, or The Information,
that information may be viewed publicly and may be collected and used
by third parties without Our knowledge and this may result in
unsolicited messages from other individuals or third parties. Such
activities are beyond the Our control and this Policy.
Taxpayer
Identification Number (Independent Licensees/Operators and Affiliates
Only)
Individuals or entities who register as
Affiliates or purchase Independent Licensee/Operator licenses
(hereinafter "Payees") AND who are due any monies from their
participation in the Our Affiliate Program, must provide their Taxpayer
Identification Number (either their social security number or employer
identification number if a United States citizen or resident, or other
form of identification provided by their country of origin or
residence) to Us. We cannot make any payments to said Payee until the
Payee submits their appropriate Taxpayer Identification Number and
supporting Identification to Us (as required by the Affiliate Agreement
of The Websites).
Furthermore, We may not pay any
monies to any United States resident or citizen that would cause such
Payee's cumulative earnings to meet or exceed $600 during a calendar
year, until that Payee submits an original, signed copy of IRS form W-9
as per instructions contained in The Websites' Terms and Conditions
and/or Affiliate Agreement. We are required to collect this information
from each Payee in order to report each Payee's earnings to the U.S.
Internal Revenue Service, (and/or to the taxing authorities of any
nation, state, or political subdivision whose laws or regulations we
are obligated to respect), and to issue IRS form 1099-MISC to the Payee
and to the IRS. (To read more about the IRS Regulations that govern our
operation, click here.)
If you are neither a
citizen nor a resident of the United States, You do not need to provide
a U.S. taxpayer identification number, but in this case we are required
to withhold a portion of any monies that may be due to You and remit
them to the IRS. (You are still required to provide us with Personal
Identification as required in The Websites' Independent
Licensee/Operator Agreement, Terms and Conditions, and/or Affiliate
Agreement.) For more information on withholdings for foreign persons or
entities, click here. (You must apply to the IRS for a refund of this
money if you do not owe any United States income taxes or are not
subject to any laws pertaining to United States income taxes.) You
should not be asked for (and You should never provide) your taxpayer
identification number, unless You are applying for a Program that
entitles you to earn monies.
Children
We
have designed this Policy to comply with the Children's Online Privacy
Protection Act ("COPPA"). We do not knowingly collect or solicit
Personally Identifiable Information from or about children under the
age of 13 except as required by law. If we discover we have received
any information from a child under the age of 13 in violation of this
policy, we will delete that information immediately. If you believe We
have any information from or about anyone under the age of 13, please
contact us at the address listed below.
User Emails
or Testimonials
If you are an Independent
Licensees/Operators, customer/licensee, partner, associate, and/or
Affiliates and send an email to The Websites, to Us, or if you
communicate with Us by phone or mail or other means, the party you are
communicating with collects information about your communication. By
communicating with any of them, you give your permission to collect,
archive, retrieve, and otherwise use any information collected as We
see fit.
Any communication by You to Us which, in
our sole discretion, we deem to be a testimonial, may be publicized for
commercial purposes.
We use reasonable precautions to keep
the information disclosed to Us secure. We will use your information
only as permitted by law. Though we make every effort to preserve user
privacy, we may need to disclose Personal Identifiable Information when
required by law wherein we have a good-faith belief that such action is
necessary to:
1) Conform to the edicts of the law or
to comply with a current judicial proceeding, a court order, or legal
process served on Us;
2) Protect and defend the
rights or property of The Websites, The Materials, The Information, or
visitors to The Websites;
3) Identify persons who
may be violating the law, any legal notice, or the rights of third
parties (including those violating the License/Terms and Conditions of
The Websites, The Materials, or The Information);
4)
Cooperate with the investigations of purported unlawful activities;
In
addition, from time to time as we continue to develop our business, we
may sell, buy, merge or partner with other companies or businesses. In
such transactions, user information may be among the transferred
assets. We may also disclose your information in connection with the
collection of amounts you may owe to us, and/or to law enforcement
authorities whenever we deem it appropriate or necessary. Please note
we may not provide you with notice prior to, or after, disclosure in
such cases.
We do not endorse, nor are We
responsible for the accuracy of the privacy policies and/or terms and
conditions and/or terms of use/service of each or any of Our
advertisers or other Promotional Partners. The entities which advertise
and/or place ads within or on The Websites, are independent third
parties and are not affiliated with either Us (except, in the case of
those sites identified as being an Independent Licensee/Operator,
Partner, Affiliate, or Reseller, which sites are Independent
Contractors and are neither owned nor operated by Us, unless otherwise
stated on such site). Furthermore, We are not responsible for any
breach of security, misuse of information, or for any other actions of
any third parties that may receive the information.
Contacting The
Site Owner (different from the
site manager):
He can be reached by contacting:
Joe E. Clayton, Jr.
Owner of the IB SoftShops
&
Free Software Forever
1340 4th St.
Orange
City, FL
Phone:
(386)775-9305 (betw:
11AM & 4PM EST)
Fax: (386)775-0117
Email:
FreeSoftwareForever (at) Yahoo.com [and be sure to put "FSF"
somewhere in the subject line or Joe may never receive your email.]
Changes
to This
Policy
We reserve the right to change this policy at
any time. Please check this page and The Websites periodically for
changes. Your continued use of The Websites, The Materials, and The
Information following the posting of changes to this Privacy Policy
will mean You accept those changes. Information collected prior to the
time any change is posted will be used according to the rules and laws
that applied at the time the information was collected.
Your
Acceptance of These Terms
By agreeing to receive
information from Us, by licensing, purchasing, or downloading any of
Our eBooks, Reports, Software, Products, and/or Services, or by
participating in Our Affiliate Program, you agree to this Privacy
Policy. We reserve the right, at our discretion, to change, modify,
add, or remove portions of this policy at any time. All Privacy Policy
changes will take effect immediately upon their posting on The
Websites. Please check this page periodically for changes. Your
continued use of The Website or acceptance of any email from Us
following the posting of changes to these terms will mean that you
accept these changes.
Governing Law
The
laws of the State of Florida, Volusia County, United States shall apply
to any claim or dispute under this Privacy Policy. You agree that any
legal action or proceeding that arises under this Privacy Policy or the
parties' obligations hereunder for any purpose concerning this Privacy
Policy or the parties' obligations hereunder, will first attempted to
be resolved with the help of a mutually agreed-upon online mediator.
Any costs and fees (other than attorney fees) associated with the
mediation will be shared equally by the parties.
If
it proves impossible to arrive at a mutually satisfactory solution
through online mediation, you agree that the dispute will be submitted
to binding arbitration either online or in Volusia County, State of
Florida, United States, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
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.
Any cause of action or claim you may have with respect
to this Privacy Policy, The Website(s), or The Materials must be
commenced within ninety (90) days after the claim or cause of action
arises or such claim or cause of action is barred. Any failure to
insist upon or enforce strict performance of any provision of this
Privacy Policy 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 Privacy Policy. Any of Us may assign Our
individual and/or collective rights and duties under this Privacy
Policy to any party at any time without notice to you. Use of headings
in this document is for convenience only and does not identify legal
boundaries or terms explicitly.
Please note that We may change
the content of The Website(s), The Materials, and this Privacy Policy
(and the agreement this creates) without prior notice given to you
simply by posting a revised copy of this Privacy Policy on The
Website(s). You are directed to The Website(s) to obtain the most
current version of this document. This Privacy Policy represents the
ENTIRE agreement between Us and You regarding all the matters that have
been discussed herein.
Income/Earnings
Disclaimer
Definitions
THE
DEFINITIONS WHICH FOLLOW ARE MEANT ONLY FOR CONVENIENCE. FOR A COMPLETE
LIST OF DEFINITIONS, REFERENCE IS MADE TO THE OTHER APPLICABLE LEGAL
AGREEMENTS LOCATED ON THE WEBSITE(S) INCLUDING ANY LICENSE THAT MAY
APPLY TO SPECIFIC PRODUCTS, REPORTS, OR SOFTWARE, ANY PRIVACY
STATEMENT, ANY AFFILIATE OR INDEPENDENT LICENSEE/PARTNER AGREEMENT, ANY
DISCLAIMER, AND ANY TERMS AND CONDITIONS (OF USE), OF THE SITES WHICH
ARE HEREBY INCORPORATED BY REFERENCE AS IF THEY WERE FULLY SET FORTH
HEREIN. THE LEGAL DOCUMENTS LOCATED ON THE WEBSITE(S) ARE SUBJECT TO
CHANGE WITHOUT NOTICE, AS MAY THIS INCOME/EARNINGS DISCLAIMER. YOU ARE
DIRECTED TO REGULARLY CHECK THE WEBSITE(S) FOR THE MOST CURRENT VERSION
OF THESE DOCUMENTS AND YOU ARE RESPONSIBLE FOR CONFORMING YOUR ACTIONS
TO THE MOST CURRENT VERSION OF THESE DOCUMENTS.
"We",
"Us", and "Our" refers to Joe e. Clayton, Jr., Gina Gaudio-Graves, Esq.
and their indidivudal companies, Creative Software, Free Software
Forever, and The Abundance Group, LLC. The term also refers
to the authors, publishers, and programmers of any eBooks, Reports,
and/or Software contained on the WizardOfOgg website(s) and the
MP3IsNotFree website(s) as well as to the Independent
Licensee/Operators of any website(s) from which these eBooks, Reports,
and/or Software may be sold. The terms "We" refers to each of
these individually as well as collectively.
"The
Website(s)" refers to the WizardOfOgg website(s), the MP3IsNotFree
website(s), the AbundantAudio website(s), as well as to the website(s)
of any Independent Licensee(s)/Operator(s) through which the applicable
eBooks, Reports, and/or Software are available, as well as to the
specific content, information, suggestions, ideas, or techniques
provided on The Website(s).
"The Materials" refers
to any eBooks, Reports, Software, or other information, content,
suggestions, ideas, or techniques, from or through The Website(s).
"You"
refers to any Member, Purchaser. Licensee, Affiliate, or other
individual or entity who has any interest in or who is currently,
licensing, purchasing, joining, participating in, responding to,
following, or adhering to any program, strategy, or information owned,
operated, licensed, provided, and/or offered by those indivudals and
entities described as "We", "Us", and "Our" on any of said website(s),
or contained in any eBooks, Reports, or Software, provided through the
websites mentioned above.
"The Information" refers
to the content of the website(s), as well as the content of the eBooks,
Rreports, Software, or newsletters published by Us on or through the
website(s) or in any eBooks, Reports, or Software provided through the
website(s), that suggests, states, implies, or discusses, in any way,
the earning of commissions, monies, or credits through any means or
strategies.
Disclaimer
We do not
make any implications, warranties, promises, suggestions, or guarantees
whatsoever, in any manner of speaking, in whole or in part, that by
purchasing, licensing, joining, participating in, responding to,
following, or adhering to the information contained in or on The
Website(s) or in any of The Materials, that You will earn any money
whatsoever (or whatever the content in question may appear to imply).
Any
earnings or income statements, or any earnings or income examples,
including, but not limited to any testimonials that may be contained on
The Website(s) or in The Materials, are only estimates of what We think
You could earn. There is no assurance that You will do as well as
stated in any examples. If You rely upon any figures or examples
provided, You must accept the risk of not doing as well as the
information provided. You must further accept the risk of earning
nothing by relying upon any figures or examples provided.
There
is no assurance or guarantee whatsoever that any prior successes or
past results as to earnings or income will apply, nor can any prior
successes be used, as an indication of Your future success or results
from any of the information, content, or strategies contained in or on
The Website(s) or in The Materials. Any and all claims or
representations as to income or earnings are not to be considered as
"average earnings" but rather, examples of what certain individuals or
entities were able to earn as a result of their specific efforts.
The
testimonials and examples used are exceptional results, don't apply to
the average person and are not intended to represent or guarantee that
anyone will achieve the same or similar results, or any results
whatsoever. Where specific income or earnings figures are used and
attributed to a specific individual or business, that individual or
business has earned that amount. There is no assurance that You will do
as well using the same information, content, or strategies. If You rely
on the specific income or earnings figures used, You must accept the
risk of not doing as well as well as the risk of earning nothing at all.
Your
success in using the information or strategies, or participation in any
Partner Program, Independent Licensee/Operator Program, or any
Affiliate Program that might be available through Us, depends on a
variety of factors. We have no way of knowing how well You will do, as
we do not know You, Your background, Your work ethic, Your dedication,
Your motivation, Your desire, or Your business skills or practices.
Therefore, We do not guarantee or imply that You will get rich, that
You will do as well, or that You will have any earnings, at all.
Internet
businesses and earnings derived therefrom, involve unknown risks and
are not suitable for everyone. You may not rely on any information,
content, or strategies presented on the website(s) or any information,
content or strategies presented in the applicable eBooks, Reports
and/or Software, unless You do so with the knowledge and understanding
that You can experience significant losses (including, but not limited
to, the loss of any monies paid to license any of The Materials, or any
webiste(s) whatsoever, and/or any monies spent setting up, operating,
and/or marketing such website(s) and/or The Materials, and/or any fees
required by law or by merchants to license, start, set up, or operate
such website(s) or autoresponder(s) from which you distribute any
licensed copy of The Materials, and/or any other monies expended at all
with regard to such website(s) and/or The Materials, and/or any monies
spent for any purpose whatsoever in relation to, or on account of, The
Materials, and/or any such website(s), and further, that You may have
no earnings at all.
MATERIALS CONTAINED ON THE
WEBSITE(S) OR IN THE MATERIALS 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 HERE OR ON THE WEBSITE(S), OR IN THE
MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND
NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS,
OUR ESTIMATES, OR THE RESULTS OF ANYBODY ELSE. IN FACT NO
GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE
INFORMATION, CONTENT, SUGGESTIONS, IDEAS AND/OR TECHNIQUES AVAILABLE ON
THE WEBSITE(S) OR IN THE MATERIALS.
You are advised
to do Your own due diligence when it comes to making business decisions
and should use caution and seek the advice of qualified professionals,
including but not limited to attorneys, accounts, and/or other business
manqagers and/or consultants before acting on the information, content,
suggestions, ideas, and/or techniques found on The Website(s) and or in
The Materials. You may not consider any examples, documents, or other
content on The Website(s) or in The Materials to be the equivalent of,
or a replacement for, legal advice, accounting advice, business advise,
or any other advice that may only be provided by qualified and licensed
professionals. Nothing contained on The Website(s) or in The Materials
is intended to provide legal advice or services in any way and is
provided only for informational purposes. You should consult
with Your own attorney on any legal questions You may have.
We
assume no responsibility whatsoever for any losses or damages resulting
from Your use of The Website(s), The Materials, or any link,
information, or opportunity contained within The Website(s) or The
Materials, or within any other information disclosed Us in any form
whatsoever.
The laws of the State of Florida,
Volusia County, United States shall apply to any claim or dispute under
this Disclaimer. You agree that any legal action or
proceeding that arises under this Disclaimer or the parties'
obligations hereunder for any purpose concerning this Disclaimer or the
parties' obligations hereunder, will first attempted to be resolved
with the help of a mutually agreed-upon online mediator. Any costs and
fees (other than attorney fees) associated with the mediation will be
shared equally by the parties.
If it proves
impossible to arrive at a mutually satisfactory solution through online
mediation, you agree that the dispute will be submitted to binding
arbitration either online or in Volusia County, State of Florida,
United States, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be entered in
any court with jurisdiction to do so.
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.
Any cause
of action or claim you may have with respect to this Disclaimer, The
Website(s), or The Materials must be commenced within ninety (90) days
after the claim or cause of action arises or such claim or cause of
action is barred. Any failure to insist upon or enforce strict
performance of any provision of this Disclaimer 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 Disclaimer. Any of Us may assign Our individual
and/or collective rights and duties under this Disclaimer to any party
at any time without notice to you. Use of headings in this document is
for convenience only and does not identify legal boundaries or terms
explicitly.
Please note that We may change the
content of The Website(s), The Materials, and this Income/Earnings
Disclaimer (and the agreement this creates) without prior notice given
to you simply by posting a revised copy of this Disclaimer on The
Website(s). You are directed to The Website(s) to obtain the
most current version of this document. This Disclaimer
represents the ENTIRE agreement between Us and You regarding all the
matters that have been discussed herein.
_______________________________________________________________
©
Copyright 2005 by Gina Gaudio-Graves, Attorney, and The Abundance
Group, LLC and Licensed for use by Joe e. Clayton, Jr., Creative
Software, and Free Software Forever. All Rights
Reserved. No portion of this License Agreement may be copied
or used by anyone other than the Licensee without the express written
permission of Gina Gaudio-Graves, Esq. and The Abundance Group, LLC.