Report/eBook/Software
Products
License,
Terms of Use, and
Copyright Notice
for all Products on any IBSoftShop Site
This
site is an authorized IBSoftShop site
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 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/or Joe
Robson 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 lose 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. and/or 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 The Newbie Club 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 shoul 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 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 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.
PRIVACY
POLICY
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, Rockland International Ltd. 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.
Legal
Disclaimer
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 Us
We can be reached by contacting:
Joe e. Clayton, Jr.
Free Software Forever
1340 4th St.
Orange City, FL
Phone: (386)775-9305
Fax: (386)775-0117
Email: FreeSoftwareForever (at) Yahoo.com
Site
Manager Contact Page
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.