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 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
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 / 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.
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, 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
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.