(Last Updated: March 30, 2009)
You have enrolled in an educational program intended to provide diverse and applicable information relating to developing your own internet business. Our specially designed curriculum is easily understood. By using our member training area and resources our students can expect to:
• Understand and be able to apply numerous strategies on how to market, and advertise your online business.
• Understand basic business operations necessary to operate an internet business on a full time or part time basis.
• Understand the basic strategies for a successful affiliate marketing business
As a student, you agree and understand that, as with all business and investments, there are risks involved in building your Internet business. These include but are not limited to financial loss and other civil liability. Our training system is not intended to build your entire internet business for you, but rather provide with some integral parts and then teach you the techniques and information necessary to build and develop your business yourself. WealthInfoGuy.com is not a legal counseling or accounting firm and claims no expertise in related matters. However, we will direct you to partners that can consult you in obtaining appropriate and competent tax, legal and financial advice if you choose to use them. Our software and training products are designed to educate and inform and should be used in conjunction with your WealthInfoGuy business only.
By agreeing to these terms and conditions, the user releases WealthInfoGuy.com from any liability related to the user's personal business or investment policies and practices. You furthermore agree that no earning claims or investment time periods have been offered or guaranteed and that all success is based solely on the user’s personal financial situation, the market in general and the user's willingness and ability to effectively put these strategies into practice. WealthInfoGuy.com expects that you will attend all appropriate courses, fulfill all applicable assignments or tasks outlined in the curriculum, and correspond directly with our support team as is personally necessary. The results from the use of information provided in this training vary according to the user’s education, financial background, and willingness and ability to implement the techniques taught. If you have questions about the quality of information or technical issues pertaining to the software or products provided, please feel free to contact us 9 am - 5 pm CST Monday through Friday at firstname.lastname@example.org .
For purposes of this User Agreement, the individual end-user licensee, including the company, firm or entity are collectively referred to as WealthInfoGuy.com, which owns and operates this website and the Interactive Training System, is referred to as the "Company." By indicating your acceptance below, you accept and agree to be bound by this Agreement and the following "Terms and Conditions":
1. Grant of License. Company agrees to grant, and you agree to accept a limited, non-transferable non-exclusive license ("License") to use the attached and/or included courses, manuals, literature and other materials (Interactive Training Lessons), in perpetuity subject to the terms and conditions of this User Agreement and subject to termination as provided herein.
2. Title and Confidentiality. You unconditionally and absolutely stipulate and agree that the title and full ownership rights to the technology licensed under this agreement, including, without limitation, all intellectual property rights therein and thereto, and any copies you make, remain with Company. It is agreed the Interactive Training System is the proprietary, confidential, trade secret property of Company, whether or not any portions thereof are or may be copyrighted and You shall take all reasonable steps necessary to protect the confidential nature of the Interactive Training System as You would take to protect Your own confidential and trade secret information. You further agree that you shall not make any disclosure of any or all such Training (including methods or concepts utilized therein) to anyone, except to employees, agents, or contractors working for you to whom such disclosure is necessary to the use for which rights are granted hereunder. You shall appropriately notify all employees, agents, and contractors to whom any such disclosure is made that such disclosure is made in confidence and shall be kept in confidence by them. Upon Company's request, such employees, agents, and contractors shall enter into an appropriate confidentiality agreement for secrecy and nonuse of such information which by its terms shall be enforceable by injunctive relief at the request of Company. If Company makes such a request, it shall provide you with the appropriate confidentiality agreements. The obligations imposed by this section upon You, Your employees, agents, and contractors, shall survive and continue after any termination of rights under this Agreement. It shall not be a breach of this agreement if you are required to disclose or make the Training available to a third party or to a court if the Software is subpoenaed or otherwise ordered by an administrative agency or court of competent jurisdiction to be produced or disclosed.
3. License. Company hereby authorizes you to:
a) Access and use the WealthInfoGuy.com Interactive Training System.
b) Download and make copies of certain forms included as part of the Interactive Training System which are expressly designated by Company as available for downloading and copying. Such copies may only be used in support of your use of the Training and may not be used for any other purpose. Each of these copies must have a label placed on the media indicating the Training is a proprietary product of Company.
You shall not, and nothing contained herein in these Terms and Conditions shall be construed to permit or authorize you to:
a) Rent, lease, sublicense, assign, sell, loan or otherwise transfer this Training, in whole or in part, except as expressly permitted by this Agreement.
b) Inspect, disassemble, decompile, reverse engineer or in any way attempt to determine the internal methods of the Training.
c) Modify, enhance or alter the Training or merge it into any other product without the express written consent of Company.
d) Reproduce, prepare derivative works based upon, transmit or distribute the Training, or any part of it, in any form or by any means except as expressly permitted in this Agreement.
e) Permanently transfer or assign the Training and the rights under this License to another party without the express written consent of Company.
Any attempt to do any of the above (a to e) shall void and terminate this Agreement.
4. Term. This User Agreement is and shall be effective from the date of full execution of your membership activation ($97 fee being successfully paid) and shall remain in force as long as active membership is maintained by payment of your monthly membership fee of $39.97 or until terminated by the Company. Every time you login to the Interactive Training Member Area you are re-confirming your acceptance of these Terms and Conditions. Your License terminates automatically if you materially fail to comply with any terms or conditions of this Agreement or fail to successfully pay your membership fee and no longer access the member area. For each day you access the Training without a valid License, you agree to pay Company $100. If at any time you wish to cancel your membership and stop any future charges you MUST contact our customer support team by email at email@example.com with the subject line "Wealth Info Guy Account Cancellation" and a representative will assist you.
5. Warranty. Company warrants that it has sufficient right and title to the Training to grant you this License. Company does not warrant that the functions contained in the website/software will meet your requirements or that the operation of the website/software will be uninterrupted or error free. The entire risk as to the results and performance of the Software is assumed by you. The warranty does not cover website/software modified by anyone other than Company and problems with, or caused by, computer hardware or non-Company software. This limited warranty is VOID if failure of the licensed website/software has resulted from accident, abuse or misapplication.
6. Disclaimers and Limitations of Remedies. EXCEPT AS SPECIFICALLY STATED IN THE WARRANTY SECTION OF THIS AGREEMENT, THE TRAINING IS LICENSED "AS IS" WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM THE USE OF OR INABILITY TO USE THE TRAINING OR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, EVEN IF COMPANY OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. COMPANY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR DAMAGE WILL NOT, IN ANY EVENT, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER BASIS, EXCEED THE LICENSE FEES PAID BY YOU FOR THE LICENSED TRAINING GIVING RISE TO SUCH LIABILITY.
7. Enforcement. No termination of the authorized rights described in Sections 1 and 3, regardless of reason or cause, shall relieve you from the continued performance of the obligations established under this User Agreement. The obligations imposed by this Agreement on You shall be enforceable both at law and in equity, by injunction, restraining order, specific performance, damages, lost profits and other remedies, and without any requirement that Company post any bond or other security or prove actual damages. You hereby waive any such bond or security requirements. Should Company incur attorneys' fees or costs in order to enforce this Agreement, whether or not a legal action is instituted, Company shall be entitled to recover such attorneys' fees and costs from You, in addition to all other rights and remedies it may have at law or in equity. The right of Company to obtain any such remedy or remedies shall be cumulative and not alternative and shall not be exhausted by any one or more uses thereof. The failure of either party to take any action under this Agreement, or the waiver of a breach of this Agreement, shall not affect that party's rights to require performance hereunder or constitute a waiver of any subsequent breach.
a) This Agreement shall be governed and construed in accordance with the laws of the State of Missouri and you hereby consent to the jurisdiction of State and Federal courts in Missouri. If any part of this Agreement violates applicable law, that part shall be deemed to be amended to the extent necessary to comply with the law.
b) This Agreement constitutes the entire Agreement between Company and You and supersedes any prior agreement or understanding, written or oral, relating to the subject matter of this Agreement.
c) If any provision of this Agreement shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement or the validity or the enforceability of this Agreement.
d) All rights and remedies provided herein are cumulative and are in addition to all other rights and remedies available at law or equity.
e) In the event that either party successfully takes legal action to enforce any provision of this Agreement the unsuccessful party shall pay full costs and expenses of such action, including reasonable attorney's fees.
f) Any notice required by this Agreement shall be deemed to have been properly given if sent by registered or certified mail to the address set forth in this agreement.
g) The waiver of any breach or default of this Agreement shall constitute a waiver only as to such particular breach or default and shall not constitute a waiver of any other breach or default. Failure to act by either party in exercising any right, power, or remedy under this agreement, except as specifically provided herein, shall not operate as a waiver of any such right, power or remedy, and will not affect the validity of the whole or any part of this agreement, or prejudice such party's right to take subsequent action.
h) Neither party shall be held liable for delays in any of its performance resulting from acts of God, war, civil disturbance, court order, labor dispute or any other cause beyond its control.
i) The relationship of the Parties shall be solely that of independent contractors. No partnership, joint venture, employment, agency or other relationship is formed, intended or to be inferred under this Agreement. Neither party to this Agreement shall attempt to bind the other, incur liabilities on behalf of the other, act as agent of the other, or authorize any representation contrary to the foregoing.
j) This Agreement is binding upon and shall inure to the benefit of the parties, their successors and assigns. However, this Agreement is not assignable by you. This Agreement is personal to you and neither the Agreement, nor the rights or duties hereunder, may be voluntarily or involuntarily, directly or indirectly, assigned or otherwise transferred without the prior written consent of Company. Any unauthorized assignment or transfer shall constitute a breach hereof and shall be void able by Company.
k) Any changes or amendments to this Agreement, in whole or in part, shall be posted by company and any login after such updates shall confirm acceptance of said changes or amendments on your part.
l) The person accepting these Terms and Conditions is duly authorized and properly empowered to do so.
9. Registration. You shall, as a condition precedent to the grant of the authorization set forth in Sections 1 and 3, register with Company on this website and provide all information required by Company. You hereby represent and warrant that any and all information provided is and shall be true, correct, accurate and complete in all material respects. You further represent and warrant that the individual end-user accepting these Terms and Conditions is a duly authorized agent, employee or representative of the company, firm or entity identified upon registration ("Licensee") and that acceptance of these Terms and Conditions is and shall be binding upon Licensee and upon such individual person.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, and prior to contacting any business bureau, government agency or other entity, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
The place of arbitration shall be one of the following: Atlanta, Georgia; Washington, D.C.; Chicago, Illinois; New Orleans, Louisiana; Salt Lake City, Utah; Los Angeles, California; Seattle, Washington; or Dallas Texas. This agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement. Any award in an arbitration initiated under this clause shall be limited to monetary damages not to exceed the amount paid to WealthInfoGuy.com. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Either party may participate in the arbitration by telephone.