|
Welcome to HuntingHeadlines.com,
Hunting-Headlines.com, Marty-Prokop.com and
Free-Deer-Hunting-Tips.com Terms of Service Agreement
September 20, 2008 We are occasionally asked why we ask our community members,
visitors and users to agree to legal terms and clear details when
working with us. Where's the trust, right? We trust the spirit and intention of our visitors, community members
and customers. We request that our visitors, community members and
customers agree to the terms below to protect us from people who
might choose to act maliciously in a way that might harm us or our
community, and by doing so, divide our energy and attention from the
work we're so passionate about. While this possibility may be remote, we ask that you join us in
ensuring that our services remain available to all who desire them
by agreeing to our terms and conditions. Thank you. This Agreement (herein “Agreement”) is made between
Huntingheadlines.com, Hunting-Headlines.com,
Free-Deer-Hunting-Tips.com and Marty-Prokop.com, LM Prokop and
Associates, 331 South Main Street #E111, Rice Lake, WI 54868, USA
and email by using the “Contact Us” form on our web site and phone
at 715-868-1109 and/or its agents, staff, team, officers, directors,
assigns and successors in interest (herein “Company”) and you, the
person/entity accessing our free services or making purchase(s)
(herein “Member”). Company on its own or combined with its Team and/or Subcontractors
and/or those who Company wishes to have on its Team are referred to
herein as “Team.”
1.
Age and Agreement
In some countries, it is considered not good manners to ask age. So
instead, we’ll say it this way… You represent and warrant that you are over 18 years of age (21 in
places where eighteen years is not the age of majority) and are
fully competent to enter into this Agreement.
You have the absolute right and authority to
enter into this Agreement, and have no other contractual or other
commitment of any kind which will or might conflict or interfere
with your performance or obligations under this Agreement. By becoming a Member and accessing any of the services or products
offered by Company, you agree we are doing business together
according to the terms of this agreement. These terms, conditions
and agreement supersede all earlier versions and require mandatory
arbitration of disputes. Please carefully read these terms and
conditions because they describe your legal rights and obligations.
Any rights not expressly granted herein shall be reserved for
Company. This agreement shall become come effective as of the date of (1)
access of any of company’s web sites (2) your electronic signature
on or acceptance of this agreement, (3) the activation of your free
account or attempted activation (4) the activation of your paid
account by your payment or attempted payment or (5) your receipt of
an e-mail from Company confirming your free account activation or
payment (6) subscription to our newsletter or RSS feed or content
distribution, whichever happens first. As the Member, you acknowledge and agree to this agreement.
2.
Definitions
To make this agreement easier to understand, here are definitions
for terms used. For the purpose of this Agreement: “Community” is an online group of blog(s), forum(s), web site(s),
web pages(s), videos and online content owned, managed and
maintained by Company (herein “Community”). It is also a content
distribution and social network which may attract visitors, readers
and/or subscribers (herein “VRS”). “Team Equipment” is computer and telecommunications devices, what
Company deems is necessary for Team to have, Internet access and/or
transmission rights owned, operated, and/or maintained by Team
and/or Team’s agents or assigns which function to provide the
Services herein. "You", "your" and grammatical variants is you, any other entity
which has an ownership or other beneficial interest in you and/or
any other entity in which you have an ownership or other beneficial
interest. “Company,” “us,” “we,” “it,” or “our” refers to LM Prokop and
Associates, PO Box 396, Bruce, WI 54819, and/or its own experts,
employees, subcontractors, agents, assigns and successors in
interest and Community owned and operated by such. “Services” are the products and services provided herein by Company
at any given time, and any associated support services, which
services may be changed, amended, added, deleted and/or otherwise
altered in any way at any time in Company’s sole discretion.
Services are subject to the limitations and specifications of the
particular service and effective as of the date of acceptance of
this Agreement and payment for service. “Messages” are the content, in all forms, which you provide to
Company for posting, distribution or consideration. “The Work” is the Company Community, content supplied by you and any
and all content, graphics and programming (in any and all forms or
medias in the Universe now known or hereafter developed in
perpetuity) supplied by all persons, parties and/or entities, which
comprises Company and/or all derivatives of Community in any and all
forms or medias in the Universe now known or hereafter developed in
perpetuity. “Software” means any software provided by Company at any given time,
whether downloaded to your computer, provided to you on CD or
another form of removable media, or utilized online as part of the
Services or Company. The Software includes the program and any and
all copies or portions thereof, whether standing alone or in
combination with other programs, as well as the documentation and
other materials delivered in connection with the software, if any.
“Programming Systems” are the manners, strategies or methods that
Company has developed to create, manage and/or grow Community
including but not limited to dissemination of information through
internet, email, syndication or other means and means of attracting
search engines and having The Work included in search engines. “Private Members Site” or “Private Member Login” shall mean the web
site or area of the web site where you access members only
information and communications (for example, but not limited to,
where you signed up for an email newsletter or you registered for a
user name and password) from Company Team and you post your
information for other Community Members. Private Members Site has a
user ID and password unique to you. “Customer Service” shall refer to communication from us to you
dealing with help, problems or questions relating to services
provided by us to you. “Payment” or “Fee” or “Fees” are monies and other consideration you
agree to pay Company for the Services, subject to the terms and
conditions of this Agreement, as outlined on the then-current
schedule of fees. Payments may be changed at any time as Company
deems necessary. “Payment Schedule” is the timeframe for payment of fees for the
Services, which can be modified at any time in Company’s sole
discretion. “Parties” collectively refers to Company, Team and you. “Suspend” or “Suspension” is the cessation of transmission of data
from you and to you through the Community or Company’s services.
“Technical Support” is communications from us to you dealing with
help, problems or questions relating to technical matters involving
software or services provided by us to you. 3. Description
Your participation in the Community, The Work and/or Services is
based upon your continued agreement with and meeting of the Terms,
Conditions and Policies of Company, Community, The Work and/or
Services. Company reserves the right to refuse participation to any
person, entity or participant at any time in our sole discretion. Based on policies of Community and terms and conditions of this
Agreement, we will offer you the Private Members Site as soon as
practicable after your registration is complete for such — and
payment of any and all payments due, if Service level requires
payment for access. You’ll receive a password, account and instructions to access
Private Members Site upon completion of the registration process.
You are responsible for maintaining the confidentiality of both your
password and your account and are fully responsible for all
activities that occur under your password and your account. You
agree to immediately notify Company of any unauthorized uses of the
account or any other breaches of security. Company cannot and will
not be liable for any loss or damage from your failure (or anyone
else’s failure) to maintain this security obligation. You acknowledge and agree under no circumstances will Company be
liable, in any way, for any acts or omissions by you (or anyone
else), including any damages of any kind incurred as a result of
such acts or omissions. The Services are subject to the following: 3.1. Customer Service
Company, through any means or manner we choose can provide Customer
Service consisting of replying through the Private Member Site,
and/or other means at Company’s sole discretion, to your questions
or complaints regarding services provided by us to you. We are not
obligated to provide any Customer Service except as specified in
this Section 3. Any and all requests for additional Customer Service
could be refused by us with or without reason. If we offer any
additional Customer Service, which we may subsequently agree to
provide to you, it will be at our sole discretion and defined by us
and once commenced, may be stopped at any time by us without notice
to you and without any liability. We, at our sole discretion and at
any time, may alter or cease providing the Customer Service we
agreed to provide pursuant to this Agreement without any liability.
3.1.1. Technical Support
Company, through any means or manner we choose, can provide
Technical Support consisting of replying through the Private Member
Site and/or other means at Company’s sole discretion, to
communications from and to you dealing with problems or questions
relating to technical matters involving software or services
provided by us to you. We are not obligated to provide any Technical
Support, except as specified in this Section 3. Any and all requests
for additional Technical Support could be refused by us with or
without reason. If we offer any additional Technical Support, which
we may subsequently agree to provide to you, it will be at our sole
discretion and defined by us and once commenced, may be stopped at
any time by us without notice to you and without any liability. We,
at our sole discretion and at any time, may alter or cease providing
the Technical Support we agreed to provide pursuant to this
Agreement without any liability. 3.1.2. Uptime
Company makes good faith effort to maintain 99.99% Uptime. Company
is not liable for any downtime nor provides a refund or credit for
such downtime, including but not limited to, (i) periodic scheduled
maintenance or repairs undertaken by Company and/or Team from time
to time; (ii) downtime caused by you; (iii) outages that do not
limit browser access to the Community, Private Member Site and/or
web pages (for example, interruptions to your internet service);
(iv) suspension of your account or our services; or (v) acts of God
or causes beyond the control of Company or that are not reasonably
foreseeable by Company. 3.1.3. Intellectual Property
If we are given a notification that something you have submitted to
us for display or distribution violates the intellectual property
rights of others or is subject of a dispute or could be subject of a
dispute, we can suspend performance under or terminate this
Agreement, cease transmission of such immediately and without
notice, and take any other actions we deem necessary, in our sole
discretion, to comply with the relevant laws. You waive any and all claims you may have, now and forever, against
Company relating to, but not limited to content, data, graphics,
photographs and the use of such, publication of such and
distribution of such, plus the operation of Company, Community
and/or The Work. You agree to indemnify and hold harmless Company
and its Team from and against any and all such claims. 3.2. Software
Company may, in its sole discretion, provide you with Software in
combination with Services. Upon payment of all payments due and
owing to (or in the case of completion of registration if the
software is free) Company by you under this Agreement, we grant and
you accept a nontransferable, revocable, non-sublicensable and
non-exclusive license to use our Software and all related
documentation for your own personal or business use during the term
of this Agreement. Any rights not expressly granted herein are
reserved for Company. Source code or other information pertaining to
the logic design of our Software is specifically excluded from the
license granted hereunder. 3.2.1. Software Copyright
You recognize that the Company Software and Programming Systems and
all related information, including but not limited to any and all
updates, improvements, modifications, enhancements, and information
related to installation of said Software at your home or office or
any use of or access to the Programming System, are proprietary, and
that all rights thereto, including copyright, are owned by Company.
You further acknowledge that you have been advised that the Company
Software and Programming Systems, including updates, improvements,
modifications, enhancements, and information related to it,
constitutes a trade secret of Company and is protected by all
applicable laws, and by the law of copyright, and is valuable and
confidential to Company, and that its use and disclosure must be
carefully and continuously controlled. Company shall at all times
retain title to all the Software and Programming Systems and all
related information, including all updates, improvements,
modifications and enhancements, furnished to you hereunder. 3.2.2. Software Access
Unless provided otherwise in the specifications
for Services, the Software and Programming Systems supplied
hereunder are for your personal or business use. You will not permit
any third party to use the Software and Programming Systems or allow
access to the Software or Programming Systems from sites outside of
your home or business premises except as specifically authorized in
writing by Company. Company Software and Programming Systems are to
be used only for the purposes specified in this Agreement and
specifically as restricted in the following three subparagraphs of
this Section: While this Agreement is in effect, or while you have custody or
possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to
reproduce, copy or publicly display, any of the Software or
Programming System, whether such Software or Programming System are
in written, magnetic or any other form, nor; (ii) provide or make
the Software or Programming System available to any person or entity
other than your employees or agents who have a need to know
consistent with your use thereof under this Agreement, nor; (iii)
create or attempt to create, or permit others to create or attempt
to create, by disassembling, reverse engineering or otherwise, the
source programs, Software, Programming System, the concept of the
Community or linking strategies or any part thereof from the object
program or from other information (whether oral, written, tangible
or intangible) made available to you under this Agreement, nor; (iv)
copy for your own use or the use of others operator manuals, system
reference guides, training materials and other user-oriented
materials without the prior written consent of Company. In order to
protect Company’s trade secrets and copyrights in the Company
Software and Programming System, you agree to reproduce and
incorporate Company trade secrets notice or copyright notice in any
copies, modifications or partial copies you are authorized by
Company to make. 3.2.3. Software Rights
You agree to notify Company forthwith if you obtain information as
to any unauthorized possession, use or disclosure of any Company
Software, Programming System or Services by any person or entity,
and further agree to cooperate with Company at Company’s expense, in
protecting Company’s proprietary rights and trade secrets. 3.2.4. Software Download
Certain Software is provided for online use as part of the Services.
The Software includes software on Company’s servers or leased
servers, and you may not download, install, store or make any copies
of the Software, nor may you sublicense the Software. You agree not
in any way to translate, decompile, reverse engineer, disassemble,
modify, reproduce, rent, lease, lend, license, distribute, market or
otherwise dispose of any portion of the Software or any copies
thereof and not to assist any third party in doing so. The Software
is designed to be used through the Company user interface and, as
such, may be utilized by any authorized user from any computer or
workstation. This license is automatically revoked upon termination
of this Agreement. 3.2.5. Third Party Software
The license conditions governing the use of the
Third Party Software which Company may use as part of Services may
differ from Company’s own software licenses. THE PROVISION AND
OFFERING OF SUCH THIRD PARTY SOFTWARE BY COMPANY DOES NOT CONSTITUTE
AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN COMPANY MAKE ANY
REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF
SUCH THIRD PARTY SOFTWARE. In the event of termination of this
Agreement or for any reason we need to terminate Agreement or upon
the expiration of the license for Company Software or Programming
System, which are subject to a limited-duration license, any and all
licenses granted under this Section will terminate automatically,
and you will remove, erase or destroy the Software and Programming
System and documentation and all copies thereof, wherever located,
without demand or notice.
4. Services
Company reserves the right to add, delete or
modify any of the Services and elements of the Company and/or The
Work and all Terms and Conditions of this or any Agreement at
Company’s sole discretion and at any time. And you agree that what
is included in the Services may change from time to time at
Company’s sole and exclusive discretion, even if they vary from what
was originally advertised or offered.
Our membership programs and Services are
multi-period programs. This means Content, both free and paid, will
be delivered over periods of time, which could be multiple days,
multiple weeks or multiple months or a year or more. This means you
may or may not have access to all Content immediately, but may
experience Content being delivered in modules or timelines Company
feels are appropriate or would create the most beneficial user
experience.
You agree that Company reserves the right to
decide timeframe of delivery for and your access to Content,
Community and/or Services.
You also agree to hold company harmless from
any misinterpretation or misunderstanding that you may have
regarding immediate access to all Content on the first day, week or
month.
You acknowledge that content will be made
available to you as Company deems appropriate.
You agree that not all Content or Services will
be available in the first day, week or month of your membership,
whether you chose the month-to-month membership option, free option
or multiple month options and whether these options are free or
paid. 4.1. Distribution
You agree content you contribute to the The
Work can by distributed by Company to other web sites, directories,
social networks and in any way of Company’s choosing. The manner may
include YouTube, Google Video, Yahoo Video, iTunes and others. The
list of distribution sites and methods can change at any time by us.
Company can also distribute blog content to social networking sites
and through feeds such as RSS feeds and in any other manner Company
would like. 4.2. Distribution Contact Information
Company’s contact information and any and all other information,
design, graphics and/or content in any form that we desire, at our
sole and exclusive discretion, will be placed on any and all content
and The Work including but not limited to content you provide or
upload to Company web site(s). 4.3. Publicity
All publicity, articles, press releases or any
publishing or content of any nature we create as part of this
Agreement can contain Community name and/or Company representative’s
name or created and distributed in any way we desire, at our sole
and exclusive discretion. 4.4. Modifications
We can post comments, information, data, content, content postings,
words, pictures, programming or any addition or modification to any
and/or all Company web site(s), as Company desires in any amount,
frequency and/or methods in our sole and exclusive discretion in any
name or form we desire. You agree we have sole discretion to modify,
change, cease or alter Services, The Work, Web Site(s), and Private
Members Site in any way we desire. 4.5. Communications
All communications, information or media in any forms in association
with The Work, Service, Private Members Site and/or Company are
subject to the sole and exclusive approval of Company. You will not
be reviewing or approving content, information or media in any form
before, during or after release. You will be able to review your
Messages prior to submitting them to us. 4.6. Links
If you include links in a Message or forum or
comment to blog post or requests links, links are first approved by
Company at our sole discretion. We also decide the programming,
formatting and coding of the links. 4.7. Promotion of Member Products
You agree your Messages and writings will not consist of sales
letters or sales pitches. The writings or comments or content
contributed by you will be content of value to visitors, readers and
supporters. You can talk about your platform, business, offerings,
products and services. We ask you do so in a way that gives readers
feelings of value. We have final approval of content before it is
posted and can, for any reason or no reason, reject writings,
comments, The Work or messages. 4.8. Layout
The layout, “look”, design, functionality,
programming, search engine optimizing, linking, graphics and every
and all other aspects of and anything to do with the Community, The
Work, Services, content, blog posts, forum and social network will
be approved at the sole and exclusive discretion of Company. 4.9. Advertising
Advertising space within Community and/or The Work is defined and
owned by Company. Company can use this space at Company’s sole and
exclusive discretion and retain all advertising income from such. 4.10. Outbound Links
Outbound links will be approved, included and programmed by us.
Company can build list(s) from VRS which include but are not limited
to VRS personal contact information. These lists are property of
COMPANY. 5.0. Best Intentions
The following terms and conditions may seem
ridiculous, but some laws and conditions in some areas say we need
to spell these out in the agreement. So you agree you will: Not use any portion of Community or services for any criminal or
unlawful activity; Not introduce any virus, logic bomb, harmful code or Trojan horse to
Community or any of the Services; Comply with all of your obligations in its agreement(s) with
Company; Comply with all applicable laws, regulations and conventions; Promptly notify Company if you suspect or become aware of any
unauthorized use of any portion of Community or the Services. You
will keep your user identification and password strictly
confidential and not allow any third party to use them to access
Community, The Work or Services; and promptly notify Company if you
suspect or become aware of any unauthorized use of your user
identification or password; You will at your expense obtain, install, and maintain suitable
equipment and software and Internet access or connection services
necessary to access Community and the Services (for example if you
want a computer to view the Community, you will buy or supply your
own computer); 6.0. Payments
Okay, here is the money talk. All Fees and payments will be paid by major credit card (or other
means of payment which we accept) in United States Dollars in
advance of the provision of services. We will charge the fee for
Services to the credit card account provided by you (or other means
of payment which Company accepts) upon purchase. You also agree that
we can automatically charge your credit card for monthly services,
any subsequent renewal term and any related Fees or expenses
applicable to your Services. You authorize Company and/or LM Prokop
and Associates to debit your credit card, bank card, bank account,
checking account, savings account or other financial institution or
financial means of payment. If payment in full is not received by us
from your credit card issuer or its agents or other means of payment
which we accept, you agree to pay all amounts due upon demand by
Company and/or LM Prokop and Associates in a form of payment
accepted by us. We envision keeping prices the same for you, but we
don’t have a crystal ball or know what the economy will do, so
prices are subject to change without notice, but as a courtesy, we
will attempt to make prior notice of such by email to you. If you
are not happy with our Service(s), you agree to contact us through
Company contact information at web site(s) or the Contact Us form at
web site(s). You agree not to charge back, hold back, stop payment
or reverse the charges on charges for Services herein that Company
and/or LM Prokop and Associates post or attempt to post to your
credit card, debit card, checking account, savings account, bank
account or other financial institution or financial means of
payment. If you do charge back, hold back, stop payment or reverse
the charges through your credit card company or bank or other
financial institution or in any way, you agree to pay us the actual
charge plus a $100 service fee through your credit card or other
financial means as we desire. You agree that you will not request a
chargeback or take any action to start or follow through with a
charge-back or refund to your credit card or debit card or any form
of payment on any current or prior months’ payment(s).
6.1. Refund
You agree once payment is made that Services are considered rendered
and we have allocated staff time, Services, community space and
expertise to you for the time period associated with services, which
you agree to pay us for and no refunds or pro-rated refunds will be
made. Fees for certain services are not refundable unless provided
otherwise by applicable local law, our current refund policy or a
money-back guarantee which we publish on our web site(s). Company
may, in its sole discretion, refund other amounts, as it deems
necessary or advisable.
As of October, 2008, Online Deer Camp fees are
$47 per month on a month-to-month basis, $37 per month on a 6-month
agreement and pre-pay and $27 for a 12 month agreement and prepay.
If you choose a 6 month or 12 month program and terminate before the
end of the 6 months or 12 months, your program will automatically be
calculated at the $47 month-to-month rate multiplied by the number
of months you participated in Online Deer Camp. Your refund or
amount due will then be processed according to the terms herein. We may suspend Services and cease transmission of data associated
with Services immediately and without notice nor refund if any of
the following: (1) payment(s) is not made, (2) your credit card
issuer or financial means of payment refuses payment of fees or
charges (3) you refuse authorization for same (4) payment for the
Services herein is more than seven days overdue or (5) for any other
reason at Company’s sole and exclusive discretion.
6.1.1 Term
Unless sooner terminated pursuant to other
terms of the Terms of Service Agreement (Agreement), and except as
otherwise provided in the Terms of Service Agreement, Agreement
shall be for an initial term of equal to the membership type you
have selected or until sooner terminated pursuant to the provisions
of termination herein.
You or Company may terminate this Agreement at
any time, for any reason, with or without cause, upon thirty days'
written notice.
The notice will take effect as of the first of
the following month after the 30 days (herein “Official Last Day of
Service”). For example, if you give notice on January 5, your
service would end March 1. Your last month of service would be
February with payment due for February.
If you have selected a membership package other
than a month-to-month package, and terminate prior to the end of the
membership package term, then you shall receive a prorated refund as
follows:
(1)
Within money back guarantee period: money back refund
(2)
After money back guarantee period, but before end of membership
package term: membership package price less current month-to-month
price multiplied by number of months elapsed through Official Last
Day of Service.
At end or after membership package term: no
refund
6.1.2. After Termination
After termination date (Official Last Day of Service), you will no
longer have access to the Private Members Site and all information
or content, including but not limited to Content in any and all
forms, Content you have contributed, blog posts, web pages or other
data (herein I&C) associated with your account, and Content you have
contributed may be deleted or may be left posted in Community and/or
in The Work, at our sole discretion. Company accepts no liability
for such deleted I&C or ongoing availability or non-availability of
I&C to you or public. Company may, in its sole and exclusive
discretion, for as long as it desires, make such information and/or
content available to you or public to the extent it has not been
deleted.
If our relationship ends for any reason, you
understand that the data, Content and/or I&C, provided by us or you,
may remain available in Community, or distributed in any way inside
or outside community or may be removed, at Company’s sole
discretion. During our relationship together, we could distribute Messages or
Content or Pictures or Videos, etc you have submitted to us to other
web sites (example such as YouTube, Google, Yahoo, ITunes, etc). You understand that it would be a large amount of work (and in some
cases not possible) to remove your Messages or Content or Pictures
or Videos, etc from these third-party web sites and search engines.
You agree we will not remove any Messages or content from any
third-party web sites, communities or search engines. If you request
us to attempt to do so, you agree to pay the current service fee to
us for such attempts. You understand and agree that we could invest a great deal of time
and money in creating incoming links, traffic and visitors to
Community, Services and Content. Upon the conclusion of our relationship, all associated with
Company, Community, Services and Content including but not limited
to the incoming links, search engine optimizing, content, online
movies, podcasts and content you have submitted can remain in
Community and be distributed ongoing through Services and all
distribution methods now knows or to be discovered or can be
removed, at Company’s sole discretion. If our relationship ends for any reason, it is agreed that all the
work, effort, results, Content and investment in Community shall
remain with us.
It is also acknowledged and agreed by you that
the internet is a continuous distribution channel. We will promote
friend-to-friend marketing (otherwise called viral internet
marketing) of all Community Content, including that submitted by you
and other Members, and such Content within Community could be
available for worldwide distribution 24 hours a day, 7 days a week.
This distribution and sharing of Content —
including but not limited to comments by you, pictures submitted by
you, videos submitted by you, Community, Work, online movies,
podcasts, blog posts, text — could continue indefinitely, even after
you leave the Community, and not stop.
It is agreed that we have no liability to you or anyone else for
content, the Work or anything associated with your use of Services,
Community and/or any and all content in Community continuing to be
distributed in any and all forms by anyone associated or not
associated with Company.
For example, (but not limited to) it is
understood and agreed that online movies could be made from your
Content. These online movies could be placed on YouTube where
thousands of people start sending it to their friends. Once this
type of viral or friend-to-friend marketing starts, we cannot stop
it and are no longer in control of it. So it is agreed Company
and/or anyone associated with Company can distribute any and all
content in Community in any and all forms now known or hereafter
developed anywhere in the Universe and has no liability to you, your
estate or anyone associated with you for the distribution of such.
If our relationship ends, you agree it is
Company’s sole and exclusive discretion whether anything associate
with Content, Community and/or The Work, in any and all forms and
medias now known in the Universe or hereafter created in perpetuity,
continues distribution, changes or is modified or remains the same.
Company has the final approval of any and all
aspects of Community and The Work. If Company deems Members
contributions, Content, Messages or content in any form, to be out
of context with Community, The Work or containing unsubstantiated
claims or inadequate for any reason at Company’s sole discretion,
Company may choose to not include such writings, Messages or Content
from Member. You understand, agree and provide license and
permission that as part of Community that I&C, Messages, Content and
The Work could be distributed through multiple media of Company’s
choice including but not limited to blog posts, online movies,
podcasting, images, press releases, newswires and social networks.
Company can place all such content from you and in Community into
various media and distribute as Company desires including but not
limited to adapting Content into online movies, podcasts, search
engine optimizing and distributing to social networks, without
payment to, further obligation to or approval from you in any manner
whatsoever or others on behalf of you in manner whatsoever.
6.1.3. Failure to Participate
Any failure by you to participate in any
portion of the Services or Community does not entitle you to an
extension of time nor does it entitle you to a refund of any fees
paid.
Additional products or services agreed to and purchased by you
will be billed to and paid by you in addition. 6.2. Payment Cycle
You will pay us the payment, in advance, through our reoccurring
billing system. You authorize Company and/or LM Prokop and
Associates to automatically process any and all first and any and
all subsequent payments through the credit card, debit card or means
of automatic payment that you provide us. The payment may be amended in the event that Company later agrees to
provide you with additional products or services pursuant to your
request for additional products or services and Company’s agreement
of such.
6.3. Online Deer Camp Money Back Guarantee
Online Deer Camp comes with a 30-day money back
guarantee. We are absolutely sure you will love Online Deer Camp.
However, you must be happy or within the first 30 days from your
registration and payment date, you may request a refund and we will
refund your money with no hassle or questions asked. You can take 30
days from your date of Online Deer Camp purchase and payment to
Online Deer Camp and if it's not for you, simply contact us via the
clearly marked “contact us” link displayed in the menu bar in the
members area. We'll issue a prompt and courteous refund. You agree
not to chargeback, but rather to contact us. The money back
guarantee starts on the date the initial order was placed. No refund
for shipping or handling fees. Each customer can only use the 30-day
money back guarantee once, and for only one account.
Any customer who has breached any of the terms
herein or whose account has been suspended or terminated due to the
breach of any part of the Company Terms of Service has automatically
forfeited the right to use the 30-day money back guarantee.
6.4 Online Deer Camp Refund after 30 days
New members may try Online Deer Camp for 30
days and cancel at any time during those first 30 days and receive a
refund of the money’s paid for Online Deer Camp. After the 30-day
trial period has expired, you are bound by the payment terms
herein.
6.4.1 Refund of Special Offer Pricing
Online Deer Camp is $47 per month with the
month considered 30 days from the date the initial order was placed.
Online Deer Camp may offer special pricing for
multiple month memberships. If you chose a multiple month
membership, and then decide to request a refund after any money back
guarantee trial period, the membership refund will be based upon the
$47 month-to-month rate.
The refund will be the purchase price less $47
for each month or portion of month from the date the initial order
was placed.
6.5. Money Back Guarantee Other Products and
Services
Each product or service will have its own money
back guarantee or no money back guarantee, which is posted herein or
within the sales material of the product or service.
6.5.1 Shipping and Handling
No refund for shipping or handling fees.
7.0. Collection
Here is the standard collection stuff… In the event that Company determines that the services of a
collection agency are necessary or appropriate to collect amounts
due under this Agreement, which determination shall be made in our
sole and unfettered discretion, any and all collection agency fees
and other costs of collection shall be added to the amount due under
this provision. You’ll pay all costs of collection, including
reasonable attorney's fees and costs, in the event any invoice
requires collection efforts. 8.0. Special Offerings
Company may offer subsequent promotional rates or special offers,
the terms of which may or may not be more favorable than the terms
and conditions for your Services. Any such promotions or
modifications will not affect your obligations under this Agreement.
Promotional fees and special offers may not be combined. 9.0. Warranties
NO WARRANTIES BY COMPANY THE SERVICES AND COMPANY’S SOFTWARE, PRORAMMING SYSTEM AND ALL
PRODUCTS AND SERVICES AND ADVICE AND ALL OFFERINGS HEREIN ARE
PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THE USE OF THE PRODUCTS, SERVICE AND THESE
OFFERINGS ARE AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE
PRIVATE MEMBERS SITE, COMMUNITY, THE WORK, COMPANY’S SERVICES OR
PRODUCTS OR OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES
COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY
USE OF THE PRODUCTS, SERVICES OR OFFERINGS HEREIN. NO WARRANTY IS MADE BY COMPANY REGARDING ANY INFORMATION, OFFERING
SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS
AGREEMENT, AND COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO
THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES, GOODS
OR OFFERINGS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO
PRODUCTS, SERVICES, THE WORK AND PRIVATE MEMBERS SITE; AND (2) ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE
PROGRAMMING SYSTEM, OFFERING OR OTHER MATERIAL ACCESSIBLE THROUGH
COMPANY WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER
HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY
REPRESENTATIONS OF ANY KIND REGARDING THE POTENTIAL SUCCESS OR
RESULTS OF OR FROM THE WORK, THE COMMUNITY, SERVICES OR ANY PART OF
COMPANY OFFERING(S) OR ANY OTHER THIRD PARTY PERSON OR ENTITY AND
THEIR INFORMATION THAT YOU MAY FIND THROUGH COMPANY’S SERVICE(S) OR
OFFERINGS.
YOU AGREE THE CONTENT OFFERED BY COMPANY MAY
INCLUDE ACTIONS THAT CONTAIN ELEMENTS OF DANGER OR RISK INCLUDING,
BUT NOT LIMITED TO, TRAINING ON HOW TO PROCESS DEER, CUT YOUR OWN
MEAT AND HUNT. YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME ALL RISK
FOR DAMAGE, INJURY, DISABILITY, LOSS, SUFFERING OR DEATH INCLUDING
BUT NOT LIMITED TO PHYSICAL INJURY, PHYICIAL SUFFERING, INJURY OF
OTHERS, FOOD BORNE ILLNESSES OR DEATH. YOU EXPRESSLY AGREE THE USE
OF THE PRODUCTS, SERVICE, TRAININGS AND COMPANY OFFERINGS ARE AT
YOUR SOLE RISK AND YOU ASSUME ALL THE RISK FOR YOURSELF AND YOUR
FAMILY.
9.1. Your Warranties
You agree that you shall fully defend and indemnify Company,
including its Experts, Team, officers, directors, owners, managing
agents, attorneys, shareholders, related entities, heirs, and
assigns, from any and all claims, demands, actions, suits, losses,
liabilities, damages, injuries, fines penalties, costs and expenses,
attorneys' fees, arbitration fees, mediation fees, expert expenses,
and all other consequences of every kind, directly or indirectly
resulting from any and all failure(s) of you or your agent(s) to
fully comply with any and all duties, obligations and other
provisions set forth in this Agreement, including, but not limited
to, your warranties set forth herein or your violation of a third
party's intellectual property rights. You further agree to defend,
indemnify and hold harmless Company, including its Experts, Team,
officers, directors, owners, managing agents, attorneys,
shareholders, related entities, heirs, and assigns, from and against
any and all claims, demands, actions, suits, loses, liabilities,
damages, injuries, fines, penalties, costs and expenses, including,
without limitation, reasonable attorneys' fees, arising out of any
damage or loss including but not limited to physical damage,
personal injury, death, disability, property damage or recoverable
loss incurred by a third party, including if such damage or loss is
caused by any act or omission of you or your agents or third parties
or Company in connection with the performance of this Agreement or
use of Services. You agree that Company shall have the right to
participate in the defense of any such claim through counsel of its
own choosing at your expense.
9.2. Savings and Earnings Disclaimer
Company makes every effort to ensure that Company accurately
represents these products, services and offerings and their
potential for savings and earnings (income and/or or results).
Savings and Earnings Statements made by Company and its customers
are estimates of what we think you can possibly earn or save.
There is no guarantee that you will achieve these levels of savings,
earnings or income and You accept the risk that the savings,
earnings and incomes differ by individual.
As with any business, savings or life experience, Your results may
vary and are based on Your individual capacity, business experience,
personal experience, expertise, and level of desire.
There are no guarantees concerning the level of success, savings or
earnings You may experience. The testimonials and examples used are
exceptional results, which do not apply to the average purchaser,
and are not intended to represent or guarantee that anyone will
achieve the same or similar results. Each individual’s success
depends on his or her background, dedication, desire and motivation.
There is no assurance that examples of past savings, income or
earnings can be duplicated in the future. We cannot guarantee your
future results and/or success. There are some unknown risks in
personal life and business that we cannot foresee which can reduce
results. We are not responsible for Your actions.
The use of Company information, products and services should be
based on Your own due diligence and You agree that Company is not
liable for any success or failure in Your personal life, career or
business that is directly or indirectly related to the purchase and
use of Company information, products and services.
9.3. Affiliate Agreement and Warranties
You agree to assume full responsibility for
your decision to use Company affiliated services. The Company offers
all services "as is" and disclaims any implied warranties including
warranties for merchantability, fitness for a particular purpose,
and non-infringement.
You agree that in no event will the Company be
liable to You for any special, incidental or consequential damages.
It is expressly understood that You and Company
are, in all respects, independent parties to a contract. This
Agreement does not create a relationship of principal and agent and
neither party is to be construed as the legal representative of the
other. Nothing contained in this agreement shall be construed to
create a relationship of employer or employee, partnership, or joint
venture, fiduciary or similar relationship between you and Company,
for any reason whatsoever. Consistent with the parties' status as
independent contracting parties:
(a) You are not
authorized to make any promise, warranty or representation on
behalf of the Company for any purpose.
(b) You agree
that you shall not represent to any person that you are the
agent of Company, nor fail to correct any misunderstanding as to
such status.
(c) You will
not have the power or authority to, and agree that you will not,
obligate or attempt to obligate Company in any manner
whatsoever.
(d) You will be
solely responsible for reporting or paying any federal or state
income taxes on your earnings (including any earnings stemming
from or related to this agreement).
(e) You will be
solely responsible for withholding, paying and/or reporting
federal or state income taxes, FICA (Social Security or
Medicare) taxes, FUTA taxes, state unemployment insurance taxes,
state disability insurance taxes, or any other taxes directly
associated with the compensation paid to you or that you pay to
your employees, contractors or agents.
Affiliate Accounts containing invalid contact
information (email address, phone number, etc) may be deleted
without notice.
Affiliate Accounts with no logins for 90 days
may be deleted without notice.
Affiliate Accounts associated with network
abuse (including unwelcome email, crossposting, mousetraps, or
respawning windows) will be suspended without notice.
Affiliate Accounts associated with promotions
that conflict with Company's Refund Policy or Terms of Service will
be suspended without notice.
Affiliate Payment is always subject to the
terms herein and terms in the Terms of Service.
9.3.1. Payment Frequency and Pay Period End
Time
Accounts receive payments on the 15th
after closing of the prior month. Changes to Payment Frequency will
go into effect in accordance with this Agreement.
9.3.2. Payments Made
Affiliate Payments are sent out on the 15th
of the month. If the 15th of the month is a weekend, then
on the following Monday.
Affiliate Payments can be made via Paypal or
paper check, at Company’s chosing. Payments are made in US Dollars.
9.3.3. Payment Changes Deadlines
All changes to payment details, including
address or payee changes, and changes between payment methods, must
be made before the end of the month. Specifically, changes must be
complete before payment settlement begins, which begins after the
last day of the month.
9.3.4. Payment Threshold
The Payment Threshold is a predetermined
minimum amount of money you must have in your account before we send
payment is $25. We hold your check until your payable balance
reaches this amount. A $2.50 pay period processing charge is
deducted from each payment we issue.
9.3.5. Returns and Refunds
As part of our commitment to quality customer
service, Company offers money back guarantees to customers and/or
may approve a return in response to a customer dispute. When a sale
is refunded or returned, the customer receives a 100% refund and
payouts from that sale are debited back out of the corresponding
affiliate account.
9.3.6. Determination of Affiliate
The affiliate associated with any Company sale
is determined by an automated customer tracking system. Any decision
made by this system is final and not subject to petition or debate.
Though we believe our tracking system to be more fair and accurate
than any alternative, we make no representation regarding the
ability of the system to track any specific customer, for any
specific length of time.
9.3.7. Affiliate Account Closure
You may close your account at any time. Any
closing balance under $10 will be forfeited. To close your account,
please use the “Contact Us” form at Company web site.
9.3.7. Account Transfer
At your request, we can change the payee
associated with your account. To initiate this process we need a
signed authorization statement from the current payee with the new
payee information sent to us via certified mail. A $25 account
transfer fee applies.
9.3.8. Customer Distribution Requirement
Company accounts cannot be used for the sole
purpose of collecting rebates or discounts on your own purchases or
otherwise extending credit to yourself or others. In compliance with
US law, Company will withhold payment of any account balance until
the following criteria is met:
- Sales made with three or more different credit card
numbers and
- Sales made with three different payment methods (either
Visa, MasterCard, or PayPal).
- PayPal purchases do not count toward the minimum three
different credit card numbers.
9.3.9. Dormant Accounts
Accounts with a positive balance but no
earnings for an extended period of time are considered dormant.
Dormant accounts are subject to a charge of $1 per pay period after
90 days of inactivity, $5 per pay period after 180 days of
inactivity, and $15 per pay period after 365 days of inactivity.
9.3.10. Postal Delays & Reissued Affiliate
Checks
No national postal service is 100% reliable. If
your check is significantly delayed, you may request that we send
you a new check. To issue a new check we have to pay a service fee
to the bank network to recall (void) the first check. A $25
cancellation charge applies. New checks will only be issued on days
when regular checks are sent. Company must receive the reissue
request by the pay period end date in order for the reissue check to
be processed at the same time as the payment for that pay period.
There are no exceptions to these deadlines. To request that a check
be reissued, please use the “Contact Us” form on our web site.
9.3.11. Stale Checks
Company checks are VOID after 90 days from the
date of issue. Please present your checks to your financial
institution promptly. If you present a check after the 90 days, your
bank may refuse the check. We can issue a new check if the stale
check is in our possession. Please write "VOID" across the check and
send it to the following address:
LM Prokop and Associates.
Attn: Paycheck Department
331 South Main Street #E111,
Rice Lake, WI 54868
After we receive the check a new one will be
issued on the next payout date.
9.3.12. Stolen Checks or Payments
If a check is fraudulently endorsed (deposited
by someone other than you), you will need to open a fraud case with
our bank. If the bank determines that fraud did occur, they will
reimburse us the funds. We will then issue a replacement check.
Company cannot reissue a check prior to the funds being returned to
us or prior to the completion of the investigation by the bank.
If a Paypal payment is sent to the email you
provided us and the email is inaccurate or wrong, you will need to
open a case with Paypal.
9.3.13. Returned Paypal Payments
Payments sent via Paypal returned to us due to
invalid email information are resent to you via paper check.
Additionally, your account payment method will be switched to paper
check until you provide accurate Paypal information. You may contact
Company to inquire about the details of your returned Paypal
payments. Please send your request through our “Contact Us” form at
our web site with the payment period ending date, the amount and
your user name.
9.3.14. Taxpayer ID Number
Company highly encourages U.S. based affiliates
earning over $600 a year to obtain an IRS issued Employer
Identification Number (EIN) to input into your account as a taxpayer
ID number. Note that this is a free process. The IRS will either
provide your number online at their web site or mail it to you.
Once you have obtained your EIN please be sure
to key it in to your Company account(s), in this 9-digit format:
12-3456789. This helps to simplify the year-end 1099 reporting
requirement. In any event, U.S. based affiliate accounts earning
over $600 are required to have a taxpayer ID number of some kind
linked to their account, at a minimum a social security number. If
inputting a social security number, be sure to use the proper
9-digit format including dashes: 123-45-6789.
Note: The taxpayer ID number input to your
account must match the payee name on the account. If you are
utilizing a business payee name but reporting under an individual
social security number, you will need to fax a completed IRS W-9
form to us at our current fax number listed on our site. Be sure to
include a cover sheet that indicates your account user name and
contact information, in the event we have questions.
If you are utilizing a U.S. address but are a
beneficial resident of a foreign country, you will instead need to
fax a completed IRS W-8ben form to us at our current fax number
listed on our site. Be sure to include a cover sheet that indicates
your account user name and contact information, in the event we have
questions.
9.3.14. Legal Limitations
This document is not a warranty. For more
detail please consult the Company Terms of Service.
9.3.15. Licenses
You agree that you are responsible to obtain
all relevant licenses and permits associated with the legal
operation of your enterprise. Furthermore, you agree to indemnify
and hold the Company harmless for any damages or costs incurred as a
result of your violation of any law, regardless of whether they are
actual, incidental, consequential, or punitive.
9.3.16. Additional Agreements
If You promote products, services or offerings
listed by Company, then:
a. You agree to
make no such promotions that suggest or imply any warranty or
other policy that might conflict with Company’s return policy.
b. You agree to
make no such promotions that involve unlicensed or unauthorized
use of materials protected by copyright, trademark or other
intellectual property laws.
c. You agree
that You will not engage in activities that interfere with our
tracking of commissions, or with the normal flow of traffic from
affiliates.
d. You agree
that all such promotions will not be false or misleading and
will be fully compliant with federal and state laws, including
U.S. federal and state laws regarding network abuse, unsolicited
messaging, and U.S. Federal Trade Commission regulations,
policies and guidelines governing advertising, disclosure and
consumer protection. All such promotions must contain all
disclosures necessary to prevent them from being false or
misleading in a clear and conspicuous manner according to,
including but not limited to, FTC policy.
e. You agree to
make no such promotions promising customers rebates, coupons,
tickets, or vouchers in connection with their Company purchase.
f. You agree
that your affiliate account is subject to review and evaluation.
You agree that Company, in its sole discretion, may increase the
amount of purchase funds kept in reserve and/or request changes
to your promotion methods or other items related.
g. You agree to
provide Company with an active and working email address related
to your account and to respond within 24 hours to any email
communication from Company to you.
9.3.17. Promotional Methods
If You send (or cause to be sent) messages by
electronic means (including but not limited to email and instant
messages) in connection with the direct or indirect promotion of
Company products, services or offerings, then You represent and
warrant the following:
No such message will be sent to any individual
who has not explicitly requested to receive such messages
specifically from You or your company.
No such message will be sent to any individual
who has explicitly requested to receive no further messages from You
or your company.
All such messages will be in full compliance
with federal and state laws and regulations governing commercial
electronic mail, electronic messaging, and advertising.
No such message will include any false or
misleading information regarding your identity, or the intent,
subject, or origin of the message.
All such messages will include accurate
information regarding your identity, and the intent, subject, and
origin of the message.
No such message will include any incomplete,
invalid, misleading, fake, or forged message headers.
All such messages will include complete, valid,
and accurate message headers indicating the origin of the message.
No such message will be delivered in
conjunction with the use of mousetraps, such as windows that
reappear, spawn new windows or otherwise resist being closed.
No such message will be delivered via means
that exploit documented or undocumented security holes on any client
or server machine.
All such messages by email will include clear,
valid, and easy to see displayed From, Subject, Removal or Opt-Out
information, and a functioning return address (or hyperlink) that 1)
enables the recipient to submit a request to receive no further
messages from You; and 2) remains capable of receiving such requests
for no less than 30 days from the date the message was sent.
No such message will be sent to an address that
was obtained via 1) automated means from an Internet web site or
proprietary online service operated by another party; 2) generation
of possible addresses by combining names, letters, or numbers into
numerous permutations; or 3) spyware, viruses, or other means of
bypassing system security or invading consumer privacy.
No such message will be sent from (or made to
appear that it was sent from) an address that was obtained via the
use scripts or other automated means to register for multiple
electronic mail accounts or online user accounts from which to
transmit unsolicited or misleading email messages.
No such message will be sent, relayed, or
transmitted by a protected computer or network that was accessed
without authorization.
No such message will include any fraudulent,
deceptive, false or misleading information.
9.3.18. Unauthorized Account Activities
You understand that the Company, in its sole
discretion, may suspend your account(s) or hold any or all funds in
your Company account if the Company has reason to believe that you
have been involved with any of the following conduct that is related
in any manner to Company or its customers:
Engaging in illegal activity, including but not
limited to, consumer fraud, bank fraud, credit card fraud, spamming
or other illicit commercial activities;
Infringing intellectual property rights of
Company, its related companies, affiliates, publishers, customers or
other related parties;
Misrepresenting, over-promising or other acts
in violation of federal or state law affecting consumer protection
and commercial activities; or
Otherwise violating Company Terms of Service,
rules or policies.
You agree and understand that the Company's right to take any of the
above actions does not constitute a right or obligation to take them
for the benefit of any third parties, including You.
9.3.19. Suspension
Following the suspension of an account or
holding of funds, the Company will review conduct that appears to
violate this Company Affiliate Agreement or Terms of Service. This
review will be conducted in a manner decided by the Company. You
agree to cooperate with this review.
If the review concludes that there is a
reasonable basis to believe actionable misconduct has occurred, the
Company may remove funds from your Company affiliate account as
liquidated damages and/or for the benefit of third parties affected
by the misconduct. The Company may also pursue other remedies as
allowed by law.
You understand that the Company may also
temporarily hold any portion of the funds in your Company affiliate
account if we determine such action is needed to secure the payment
and performance of all liabilities, obligations, and indebtedness
You may incur with the Company.
You understand that the Company may freely
assign or otherwise transfer any or all of the rights and
obligations described under the Company Affiliate Agreement without
your consent and without notice to You.
You agree that if any provision of this Company
Affiliate Agreement is declared or determined by any court to be
illegal or invalid, the validity of the remaining parts, terms or
provisions shall not be affected by that determination and the
illegal or invalid part, term or provision shall not be deemed to be
part of this Company Affiliate Agreement.
9.3.20. Modification
You understand that the Company reserves the
right to modify the Company Affiliate Agreement at any time.
9.3.21. Affiliate Savings and Earnings
Disclaimer
We make every effort to ensure that we
accurately represent these products, services and offerings and
their potential for savings and earnings. Savings and Earnings
Statements made by Company and its customers are estimates of what
we think you can possibly earn or save.
There is no guarantee that you will achieve
these levels of savings, earnings or income and you accept the risk
that the savings, earnings and incomes differ by individual.
As with any business, savings or life
experience, your results may vary and are based on your individual
capacity, business experience, personal experience, expertise, and
level of desire. There are no guarantees concerning the level of
success, savings or earnings you may experience. The testimonials
and examples used are exceptional results, which do not apply to the
average purchaser, and are not intended to represent or guarantee
that anyone will achieve the same or similar results. Each
individual’s success depends on his or her background, dedication,
desire and motivation.
There is no assurance that examples of past
savings, income or earnings can be duplicated in the future. We
cannot guarantee your future results and/or success. There are some
unknown risks in personal life, business and on the internet that we
cannot foresee which can reduce results. We are not responsible for
your actions.
The use of our information, products and
services should be based on your own due diligence and you agree
that our Company is not liable for any success or failure in your
personal life or business that is directly or indirectly related to
the purchase and use of our information, products and services.
10.0. Services As Is
The Community, web site and Services and any information provided to
the user by Company are provided “as is” and “as available.” Company
gives no warranty that the Services, Community, Private Members Site
or anything Company provides or any information Company provides or
is contained in the Community, web site or services is error-free.
You assume all risk for using, and for any results you obtain, or
liability you incur, by or as a result of using the Services,
Community, Private Members Site, content, training, videos, anything
Company provides or from using any information you obtain from using
the Community, web site, Services or anything associated with
Company or for failing to access Community, web site or any Service
on any occasion(s). 10.1. Third Parties
Company does not guarantee or accept any liability for any links
from or to The Work, the Community, Private Members Site or any
third party web sites or any information on other web sites to which
the Community, Private Members Site, The Work or any web site is
linked or the content of advertisements placed within the Community,
Private Members Site, The Work or on any web site to promote the
products and services of Community, Members, Company and/or third
parties. For the avoidance of doubt, in the event that you or VRS
are being directed to a web site outside of Company, at the point
you or VRS accesses such web site that relationship is then between
you or VRS and said web site and as such Company bears no liability
in respect of the same. 10.2 Errors
We do not guarantee the prevention of the loss, or alteration of or
improper access to Community, The Work, Private Members Site,
content, message(s) or computer system or that such will be
error-free. Company is not responsible for errors of any kind,
incorrect information, incorrect training, invalid destinations or
transmission errors in, corruption of or the security of the
Community, The Work, your personal information, content and/or
messages within the Community, The Work, Content, Private Members
Site or on the web site or carried over any telecommunications or
data communications facilities.
10.3. Third Party Infringement
Company is not liable for any claim that the your access or use of
the Services, Community, Private Members Site or Company offerings
infringes any third party’s intellectual property or other rights.
10.4. Material You Submit
You understand that Company may review your ideas, comments, forum
posts, pictures, graphics, software, videos, training, information,
business model(s), web site(s) and other information before and
during your participation in the Services and/or The Work. You
acknowledge that we may have material and ideas similar to yours,
now or in the future. You also understand that your information,
methods, business strategies, pictures, videos, ideas and other
concepts (proprietary or not) may become known to Company and/or its
Team, and you expressly and irrevocably releases and agrees to
defend, indemnify and hold Company and its staff, owners, officers,
directors, employees, subcontractors, agents and affiliates harmless
from any and all claims, losses, damages, judgments, liabilities,
obligations, costs and expenses, including attorney’s fees and
costs, directly or indirectly incurred by any party related to any
claim that arises from or in connection with your participation in
the Services, whether free or paid, from any breach of copyright or
use of your ideas, information, business models, trainings, writings
or concepts that may occur or be perceived to occur, resulting from
review of your submission, business, information, ideas, web site
during your participation in the Services or before or afterwards.
11.0. Limitations
In no event are we liable for any loss or damages arising from any
cause beyond our control.
We are also not liable for any of the
following, whether arising out of or resulting from our negligence,
breach of this agreement or any other cause of action: Anyone’s loss of profits, business or anticipated savings, loss of
goodwill, lost or wasted management time or the lost time of other
employees; Anyone’s loss of use of or destruction of data; Any direct, indirect, special, incidental or consequential loss or
damage; or Any claims against the you by any other party; whether direct or
indirect even if we have been advised of the possibility of that
loss or damage arising.
Anyone’s injury, loss or damage from
information, recommendations, training, experiences or opinions
provided by Company, Services or third-parties, including but not
limited to loss of life, physical injury or suffering or from you
using Services or training to process deer for others or participate
in hunting and any injury, loss or damage of anyone from such.
11.1. Limited Liability
COMPANY LIMITED LIABILITY. YOU AGREE YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU
TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
IN NO CASE SHALL COMPANY, ITS STAFF, DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, ASSIGNS OR CONTRACTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE PRODUCTS OR
SERVICES OR OFFERINGS HEREIN. SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, COMPANY’S
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS
EXPRESSLY SET FORTH IN ANY SEPARATE LICENSE OR IN THIS AGREEMENT,
COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY
PRODUCT OR SERVICE OR OFFERING OFFERED OR OTHERWISE ACCESSED USING
THE COMPANY SERVICES, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD PARTIES. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL
OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY
LIMITATIONS. THE TOTAL LIABILITY OF COMPANY FOR BREACH OF WARRANTY ARISING OUT OF
CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM
RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE
FEES PAID BY YOU TO COMPANY IN THE TWO MONTHS PRECEDING SUCH ALLEGED
BREACH, BUT IN NO EVENT TO EXCEED $500. 12.0. Your Obligations and Warranties You agree and warrant that the contact information you have provided
to us is complete and accurate, and you further agree to let us know
within fifteen days of a change to any contact information. Contact
information includes your name and email if you are a free member or
newsletter subscriber and your name, mailing address, telephone
number and email address if you are an Online Deer Camp paid member.
12.1. Your Use of Services
You agree and warrant that your use of the
Services, Community, Software and Equipment herein, and all sales
and distributions, by any and all means, of any type(s) of Content
promoted by, or are in any other way directly or indirectly
associated with your use of the Services, Software or Equipment
herein, will at all times comply with all applicable laws,
including, but not limited to, all federal, state and local laws
throughout the United States of America. You agree and warrant that you will neither store on nor allow to be
transmitted through Services, Company, Software or Equipment herein
any data or other matter which constitutes, contains or links to any
pornography, hate sites, gambling, grey pharmaceuticals, nudity or
sexuality by an age-inappropriate-looking performer (i.e. someone
who looks younger than eighteen years of age, regardless of their
actual age). You agree and warrant that all data, visual materials,
advertising and other matter you store on or allow to be transmitted
by Company, Private Members Site, Services, Software or Equipment
shall not violate any state or federal laws concerning obscenity and
shall not contain any depictions of bestiality, incest, rape, sexual
assault, actual physical violence, hate, torture or disfigurement,
or other content deemed objectionable by Company, in its sole
discretion. You agree that if, in Company’s sole and exclusive
judgment, Company concludes that your writings, pictures, videos,
content or submissions in any form or any content provided by you or
linked from you contains or links to any harmful matter or indecent
materials or communications including but not limited to those which
are available to, or accessible by, minors, or displays or contains
any material that consists of hate sites, gambling, nudity,
pornography, child pornography or which could otherwise result in
harm to minors or others; then Company may, without prior notice to
you and in Company’s sole and exclusive discretion, either remove
and erase the material and/or disable public access to the material
and/or terminate your free or paid membership in the Community,
without any liability of any kind to Company from either you or any
third party, including but not limited to any fees you have paid
Company for Services or membership. You agree that in Company’s sole
and exclusive judgment, Company can choose to not to publish, post
or make available to the public any content of any type provided by
you or others (including but not limited to comments, graphics,
text, programming, links, video, audio, etc); any advertisements or
marketing messages; or any links from the Community to other sites
or blog or locations. You agree and warrant that all data, visual materials, advertising
and other matter you store on or allow to be transmitted by Company,
Services, Software or Equipment shall be solely for entertainment
and/or educational purposes. You shall assume the sole
responsibility and duty to ensure that your community interactions
are exclusively with willing adults or teens that have provided
written pre-approval of such interactions from their parents or
guardians and in the manners, which meet contemporary community
standards. 13.0. Copyright The content created by you, and not by us, shall remain the property
of you, and all copyrights to that content create by you will be and
remain in your name.
You agree that in the event that Company is informed by any party
that any material provided to Company by you infringes the copyright
of any party, or violates the right of publicity or privacy of any
party, or consists of any other claim or violation of intellectual
property rights of any kind, then Company may, without prior notice
to you and in Company’s sole and exclusive discretion, either remove
the material and/or disable public access to the content and/or
terminate this Agreement, without any liability of any kind to
Company from either you or any third party. As more completely set
forth herein, you waive any and all claims you may have, now and in
all directions of time, against Company relating to any action taken
in response to the claim that you have infringed the intellectual
property rights of a third party, and agree to indemnify and hold
harmless Company from and against any such claims. You affirmatively represent, agree and warrant that you have and at
all times shall have all necessary intellectual property rights and
right to sell or promote, including, but not limited to, all
copyrights, trademark and service mark rights and rights of
publicity, both in the United States and throughout the world, to
reproduce and disseminate, via all means, all data and/or content
which you provide to Company or which you otherwise promote,
advertise, disseminate and/or distribute to anyone by your direct or
indirect use of the Company Services or Equipment or your
participation in Services or The Work, including, without
limitation, all advertising and promotional materials, prior to and
at all times during the time such materials are reviewed, promoted,
advertised, disseminated or distributed through any direct or
indirect use of the Community, The Work, Company Services or
Equipment and/or your participation in Services. You agree and
warrant that you shall not engage in any false, deceptive or
fraudulent activities in association with your use of Services or
Equipment or The Work or Community. Copyright in the Private Members Site, Community and/or The Work,
including but not limited to graphics, text and programming, during
its initial, renewal and any extended terms in all forms and
languages throughout the Universe shall be secured and held in the
name of Company and/or its agents and assigns.
You agree to and grant Company and/or agents and assigns the
non-exclusive license and rights to use your content from and
anything associated with the Private Members Site, Community and/or
The Work in any and all forms or medias now known or hereafter
developed in perpetuity, including but not limited to Content being
made available as blog posts, online movies, podcasts, news
releases, newswires, being translated in other language, delivered
across the internet or distributed in any other form or media
including but not limited to electronic form or digital form and all
other forms and means of content delivery without any approval from,
payment to or remuneration to you or any third party. You have these
rights to grant and assign to Company and will protect and keep
these rights now and in the future.
You will receive no remuneration, in the form
of royalties or otherwise, resulting from the Private Members Site,
Services, Community, The Work; your contributions to such; or
transfer, sale, distribution, adaptations, derivatives; or any forms
or means of distribution, sale or business opportunity in any and
all forms or medias in the Universe now known or hereafter developed
in perpetuity. You waive any so-called moral rights (including rights of
attribution and integrity) or “droit moral” rights, and any
analogous rights with respect to the creation, implementation and/or
distribution of the Community, The Work, Private Members Site,
content you have contributed or any derivatives thereof in any and
all forms or medias in the Universe now known or hereafter developed
in perpetuity contemplated by this Agreement or any agreement we may
make with third party(s) with respect to distribution, license, sale
or publicity of Company, Community, Private Membership Site, The
Work, messages, content contributed by you, comments or experiences
of you or VRS(s) and any and all other aspects of Community, The
Work, Private Members Site and/or all content and Messages. 14.0. Content Regarding Others
You agree and warrant that no data or other
matter you store on or allow to be transmitted by Company or its
Equipment shall constitute or contain or link to material which is
libelous, slanderous, defamatory, or which will violate or infringe
upon or will otherwise give rise to any adverse claim with respect
to any common law or other right of any person or other entity,
including, without limitation, privacy rights and all other personal
and proprietary rights. You shall not collect personally
identifiable data of any person, visitor, reader or supporter within
the Private Members Site, Community and/or Company web pages. If you
collect this data through your own web site outside Community (such
as through a link from the Community to your web site) you will do
so only pursuant to a posted privacy policy disclosing any and all
uses of such identifiable data and in compliance with applicable
law. You agree Company has the sole and exclusive determination of
what means and methods are allowable for your collection of
personally identifiable data from Community visitors, readers and/or
supporters, including but not limited to those visitors, readers
and/or supporters of the content contributed by you. You agree you
will not use anchor text or text or writings or programming or
graphics or communications of any kind or do anything in any way or
cause such to happen inside or outside Community which would
disparage or harm Community, Company, or anyone associated with
Community and/or Company and, if so, you will immediately remove
such from the location of such or stop such action, whether inside
or outside Community in any or all communication forms. You also
understand you could be liable for damages and Company reserves the
right to pursue such and you agree you will pay all Company’s
associated legal fees and costs due and payable upon Company
presenting you with invoice(s). The definition of disparage or harm
is at the discretion of Company. You shall not exercise those rights
reserved to you herein in such a way as to destroy, detract from, or
impair the value of any rights granted herein to Company, The Work
or Community. 15.0. CAN-SPAM You agree and warrant that you will not use any form of mass
unsolicited electronic mail solicitations, news group postings, IRC
posting or any other form of "spamming" or "mail bombing" or
derogatory text about anyone using any Company domain URLs or
Company or name which may be confused with Company or any of
Company’s common law trademarks or registered trademarks or use such
in pointing to or in linking to any of the same, and Company
reserves the right to block mail or data from any source which
Company believes, in its sole discretion, is being used to send such
unsolicited e-mail, including but not limited to open mail relays.
16.0. Online Conduct You agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from Canada, the United States or the country in which you
reside.
17.0. Payments to Third Parties
You agree you are responsible for the taxes you
may incur and any payments for Services to third parties. You agree
and warrant that all applicable taxes have been paid or will be paid
in full by you when due regarding all businesses and employees
associated with your use of Services or Community and that no taxing
authorities shall have any claim against Company or any persons
affiliated therewith for the payment of such taxes. 18.0. Confidentiality, Trademark and Copyright During the course of this Agreement you may gain access to certain
confidential, proprietary and trade secret business or technical
information belonging to Company in connection with Community, The
Work, and/or performance of the Services ("Confidential
Information"). You agree to preserve the confidentiality of all
Confidential Information that is provided in connection with the
Agreement, and shall not, without the prior written consent of
Company, disclose or make available to any person, or use for your
own or any other person's benefit, other than as necessary in
performance of your obligations under this Agreement, any
Confidential Information of Company. Company retains all right and
title to such Confidential Information. The terms of this Agreement and systems, training provided,
materials provided, future plans of Community and/or Company or The
Work and/or Community systems, including but not limited to
programming, membership site, content, media, publicity systems,
learned by you in the participation of this Agreement are agreed
confidential and proprietary. In conjunction with Services, you may
participate in training or receive communications from Company. All
information provided to you or disclosed to you by Company in
connection with Community, The Work, Programming, System, Program
Materials, Community communications, informational sessions and/or
trainings in any and all forms including but not limited to videos,
audios, webinars, articles, teleseminars, shall be deemed
"Confidential and Proprietary Information” (herein C&PI), except
for: (a) information and data agreed in writing not to be
confidential; or (b) information which subsequently rightfully comes
into the public domain through a source other than the receiving
party.
C&PI shall include, but not be limited to, training, communications,
information, programming, search engine optimizing, software,
systems, contacts, methods, data, media lists, plans,
media/publicity knowledge, techniques, processes, methodologies,
procedures, policies, concepts, ideas and know-how and any and all
information supplied by Company including any of the foregoing
contained in or derived from questions posed by you and discussions
held during communications, training or informational sessions, in
all forms including but not limited to oral, graphic, electronic or
written forms.
Because you may or do receive access to C&PI,
systems and may receive training, communications and materials which
are proprietary to Company, you understand and agree that you and
your staff, agents and assigns have a fiduciary duty of
confidentiality, non-disclosure and non-compete to Company and you
agree to take a positive role in protecting and maintaining such.
You agree not to use or disseminate, in whole or in part, any C&PI
including but not limited to training, videos, audios, articles,
teleseminars, webinars, information, sources or clients of Company,
even after our relationship ends.
C&PI shall not be used to compete against
Company by you, including but not limited to setting up program
which offers Company’s C&PI, or variations of, to any market of
people whether for free or for commercial gain.
You will hold such C&PI in strict confidence and will not use such
information for purposes other than promoting your own, personal
services and products and will not, nor will it permit any other
person or entity to, copy, reproduce, sell, assign, license, market,
transfer or otherwise dispose of, give or disclose C&PI to any
person or entity.
You agree and understand that this Agreement
does not and will not prevent you from interacting with other
communities on other web sites during or subsequent to the
termination of the relationship with us as long as you do not
disclose nor permit any other person or entity to copy, reproduce,
sell, assign, license, market, transfer or otherwise dispose of any
of Company’s developments, Community, The Work, C&PI or other
proprietary information or violate any other portion(s) of this
Agreement.
You further understand and agree not to discuss with Company’s
clients, prospects or others, including but not limited to, any
business arrangements or business details, between Company and
client or prospect or Company and you. The provisions of this clause shall expressly survive termination or
expiration of this Agreement. 18.1. Material Content
The Company trademarks, service marks — whether
common law, filed and/or registered — and the Company logos and
graphics displayed in Community and The Work (collectively, the
"Marks") belong to Company. Company retains all rights to the Marks
and nothing in this Agreement grants you or anyone else any right(s)
whatsoever to the use of the Marks. You may not use, reproduce, or
display any Marks without Company’s prior written consent. All other
trademarks, product names, and company names and logos appearing on
Company Web Site or Community or The Work are the property of their
respective owners. Unless expressly stated otherwise on the Company
Web Site, The Work and/or Community, you understand all images, and
materials appearing on or in Web Site, The Work and Community
(collectively the “Material Content”) are the sole property of
Company. Both U.S. and international copyright laws and treaties
protect such Material Content. You may not use, reproduce, display,
or sell any Material Content without Company’s prior written
consent. 19.0. Your Contribution
If you are licensed or work in a field with licensing or regulations
by (including but not limited to) medical agencies or governmental
agencies or trade associations, you agree it is your sole
responsibility, prior to providing writings, photographs, content
and/or Messages to Company, to have your content reviewed to obtain
legal approval as it pertains to all medical, governmental and any
other agencies or organizations which could possibly regulate,
oversee or have influence or jurisdiction over (including, but not
limited to, the Health Insurance Portability and Accountability Act
— HIPPA) your Messages or content. You will provide this written
legal approval from your legal counsel to us within 10 days of our
request. You agreed to provide written documentation and proof of
cases studies and claims at our request. The purpose for this is to
have on file at our office or for us to have access to at your
office, prior to your Message or content being distributed,
documentation which may be required to satisfy governmental or
medical agency or any other inquiries. You will supply us with all
publishing permissions from third parties to publish materials,
content, documentations, case studies, claims and anything else we
feel we need. 20.0. Relationship
Nothing in this Agreement is intended by the
Parties to create or constitute an agency, joint or collaborative
venture, or partnership of any kind between Company and you, nor
shall anything in this Agreement be construed as constituting or
creating any such agency, joint or collaborative venture, or
partnership between you and Company. 21.0. Participation
COMPANY HAS MADE NO REPRESENTATIONS REGARDING
SUCCESS, MARKETS, SALES OR PROFITABILITY.
You confirm that you have unilaterally decided
to participate in Services and Community and that some or all of the
subject matters covered including high risk activities. You further
confirm, understand, acknowledge and expressly agree that neither
Company — nor any other person is currently representing or
otherwise directly or indirectly communicating with you in any
manner herein or otherwise — at any time in the past or in the
current, represented to you or otherwise directly or indirectly
communicated in any manner to you any guarantee, reassurance or any
other communication of any kind of which you have relied on
regarding: (a) The potential profitability or likelihood of success of your
endeavors through the use of Company Services or Equipment or
Community or The Work as set forth herein or otherwise; (b) The potential number of, volume or likelihood of visitors,
readers and supporters of your endeavors, Community and/or The Work
through the use of the Services or Equipment or Community or The
Work as set forth herein or otherwise; (c) The possibility or likelihood that use of any products and/or
services provided by or in conjunction with Company, The Work and/or
Community pursuant to this Agreement can or will result in the
recoupment of any funds expended by you for any purpose; or (d) The existence, nonexistence, size or any other characteristics
of any market for any products or services offered by you or which
involve your use or participation, in any manner, of Company, the
Services or Equipment or The Work or Community pursuant to this
Agreement.
(7) Avoiding risks and dangers inherent in
subject matters covered by Company and its Experts in Community,
Services or The Work. You expressly acknowledge and agree the success of any personal or
business endeavors which involve your use, in any manner, of the
Services, Equipment, The Work or Community pursuant to this
Agreement, like any other personal or business endeavor, is subject
to numerous factors, such as the effectiveness of your talents,
abilities, persistence, promotion, your administrative capabilities,
etc., and that the ultimate success or failure of your personal
results or business results rests with you and not Company, The
Services, The Work or Community. You further expressly agree not to
raise any claim of any kind against Company, The Services, The Work
or Community and to hold Company, The Work and Community harmless
from any claim of personal loss, personal injury or death, third
party loss, third party injury or death, financial investment loss
and/or business loss and/or loss of resources and/or infringement of
any kind to you directly or indirectly resulting from your decision
to interact with Company or use the Services or Equipment or
Community pursuant to this Agreement. You acknowledge and agree while these strategies, trainings and
techniques can work in many varied situations, the particular
personal, family, safety, business and/or income success(es) you
enjoy will depend on your application, talents, abilities, equipment
and other factors; including but not limited to product or service
quality and the value it delivers to buyers if you are in business
or your safe handling of the foods family created from this
information; along with your talents and resources and how you apply
them, safety practices, how persistent you are, your outdoor
instincts, common sense, your entrepreneurial instincts and your
business and intuitive abilities, and that Company can provide you
with the time-tested guidance and systems that have worked for
Company and others, and that applying the additional success
ingredients to your life, your family and business is what you must
add to equal the successes your participation in Company Services
might deliver.
You acknowledge and agree that Company defines
what is included in Services and has the sole right to modify
Services, Community and/or The Work as Company desires with no
liability to you.
21.1. Adapt to Your Own Situation You understand that Company and/or Team are not and cannot be aware
of all of the particulars surrounding your individual situation,
abilities or activities. You will therefore adapt to your own
situation and of your own volition, any information that you receive
through your participation in the Services and/or Community. You
will be responsible for all such adaptation and hold Company and
Team harmless for any and all results, outcomes or liabilities
including but not limited to death, damages, loss or harm.
22.0 Community Size
You agree Community members, visitors, readers and supporters could
grow more or less depending on many factors. Because of these
factors and others, you agree there is no guarantee as to how much
Community members, visitors, readers and supporters will number or
grow. 23.0. Non-Exclusive Basis Any and all Services which are or may be provided to you by Company
pursuant to this Agreement, including the licensure of rights
herein, are not exclusive and nothing in this Agreement shall limit
or restrict Company from providing similar services and granting
similar licenses to third parties regardless of whether such third
parties are competitors of you. Nothing in this Agreement shall
limit or restrict Company from engaging in any activities similar to
yours or in competition with you. 24.0. Editorial
You realize Community is a place for members, visitors, readers and
supporters to find messages of interest to them. We want to see open
dialogues focusing on what is good for the community and world
rather than attacking or focusing on what is not wanted. Content or messages which speak about “what doesn’t work” tend to be
fine, as long as they do not attack others. For example, talking
about “what doesn’t work” or “what keeps us from achieving our
goals” and how to overcome these could be good. Debating is fine.
Bringing solutions to dark situations is good.
Content or messages that attack others or
propagate hate (or versions of hate) will not be included in the
Community.
Company has editorial approval over all aspect
of the Community and can review and approval of content. We will not
be held responsible for the accuracy, correctness, or legality of
such content. You are solely accountable for the Content, Messages,
data and information you submit to Community, Company and/or The
Work and for verifying the accuracy and suitability of content,
information and Messages you create, you disseminate or you obtain
from third parties via the internet or any other means available.
25.0. Privacy
Company reserves the right (subject to
applicable local law), at its sole discretion, to monitor all
aspects of the Private Membership Site and Community, including but
not limited to the use of a user’s main account and any
sub-accounts, for any purpose Company desires including but not
limited to the purpose of investigating violations of this agreement
or to assist with other investigations.
You also agree to our Privacy Policy which may
be posted on our web site or in Community separately from this
Agreement.
26.0. Severability
In case any one or more of the provisions
contained in this Agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision(s) had never been included. The
invalidity or unenforceability of any provision(s) of this Agreement
shall not affect the validity or enforceability of any other
provision. Whenever possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity without
invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any unenforceable provision will be
replaced by a provision Company, in Company’s sole discretion,
agrees upon which comes closest to the intention of the Parties at
the time the original provision was agreed upon. 27.0. Non-enforcement
Failure of Company at any time to enforce any
of the specific provisions of this Agreement shall not preclude any
other or further enforcement of such provision(s) or the exercise of
any other right hereunder. No waiver of a breach of this Agreement
shall be valid unless made in writing and signed by duly authorized
representative of Company. 28.0. Notices COMPANY may provide notice to you via e-mail sent to the e-mail
address provided by you upon registration or as later provided by
you to Company in the way Company advises. Such notice is deemed
effective whether you receive it or not. You may provide notice to Company in one of the following ways: By addressing the notice as indicated below and depositing the same
by registered or certified mail, postage prepaid, in the United
States mail: LM Prokop and Associates
331 South Main Street, #E111
Rice Lake, WI 54868 By Federal Express:
LM Prokop and Associates
331 South Main Street #E111
Rice Lake, WI 54868 By facsimile transmission:
1-646-607-8491 By e-mail:
Use our “Contact Us” form on our Web Site
Such notice, statement or other document so
delivered to Company, except as this Agreement expressly provides
otherwise, shall be conclusively deemed to have been given on the
date of receipt. Notice by e-mail to Company shall be deemed
ineffective, null and void unless a copy of such notice is also sent
by registered or certified mail, and postmarked not more than five
days subsequent to the giving of e-mail notice. Any such e-mail
notice to Company shall be deemed effective as of the date on which
Company receives the certified or registered mail notice. 29.0. Force Majeure
In the event of "force majeure" (as defined
below), Company may terminate this Agreement without liability to
Company. For purposes of the Agreement, "force majeure" shall mean
circumstances or occurrences beyond Company’s reasonable control,
whether or not foreseeable at the time of entering into the
Agreement, in consequence of which Company cannot reasonably be
required to perform its obligations hereunder or otherwise perform
its obligations under the Agreement. Such circumstances or
occurrences include, but are not limited to: acts of God, war, civil
war, insurrection, fires, weather issues, disasters, floods, labor
disputes, epidemics, terrorist acts, governmental regulations and/or
similar acts, embargoes, termination or temporary unavailability of
any computer hardware or software, server, or network on which the
Services, Community or The Work are located or maintained or through
which the Services are provided, and non-availability of any
permits, licenses and/or authorizations required by governmental
authority. 30.0. Operations
We reserve the right, at any time and from time
to time, to modify or discontinue, temporarily or permanently, the
Services, Community, The Work or Company (or any part thereof) with
or without notice, including the right to cease all business
operations in the United States and Canada and/or the world. You
agree that Company shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Company,
Services or Community or The Work. And that failure to maintain the
commercial availability of the Company, Community, Services or The
Work shall not trigger a reversion of any rights herein, or any
derivatives thereof. 31.0. Assignment
This Agreement and the rights pertaining hereto may not be assigned,
resold, or otherwise transferred in whole or in part by you without
our prior written consent. In particular, you may not sell accounts
or sub-accounts to third parties. You may not share the Services,
Content or Community with any other person or entity or feature any
other person or entity who has not been pre-approved in writing by
Company or who has not been pre-approved by Company as a member or
advertiser. Notwithstanding the above, this Agreement shall be
binding upon your agents, successors and assigns, if any. Company
may assign, sell, contract out, license, dispose of or transfer any
or all of its rights and/or obligations hereunder in its free, sole,
exclusive and unfettered discretion. 32.0. Arbitration
Except as otherwise provided in any written
agreement with Company signed by both parties, any and all disputes
arising by and among any or all of the parties to this Agreement
shall be settled by arbitration in Minneapolis, Minnesota, USA,
under the rules of the American Arbitration Association or a
location that Company chooses, in its sole and exclusive discretion.
The parties specifically exclude from
application to the Agreement the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform
Computer Information Transactions Act.
Any award arising out of such arbitration shall
be subject to entry as a judgment by any court of competent
jurisdiction in the United States. Any action to confirm or vacate
such an award must be brought in the Court of Minneapolis, Minnesota
USA or a court and jurisdiction chosen at any time and approved in
writing by and at the sole discretion of Company.
You consent to personal jurisdiction and venue
in such court(s) and you waive any challenge to personal
jurisdiction or venue in such courts. You further agree that Company
shall be entitled to collect its attorneys' fees, costs and other
expenses from you and you will promptly pay such upon your receipt
of invoice in the event that Company acts to enforce this dispute
and arbitration clause or you act to enforce this dispute and
arbitration clause, regardless of whether Company prevails in the
underlying action. You agree you will pre-pay these attorney’s fees,
costs and other expenses which are known in advance. You agree
Company will submit invoice(s) to you for additional expenses
associated with disputes and actions to settle such and that you
will pay each invoice promptly within 15 days of your receipt. YOU
AGREE TO NEGOTIATE WITH COMPANY IN GOOD FAITH TO RESOLVE OR SETTLE
ANY CLAIM OR DISPUTE IN ANY WAY RELATING TO OR CONCERNING THIS
AGREEMENT. ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY
PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED
INFORMALLY, SHALL BE DETERMINED BY ARBITRATION IN MINNEAPOLIS,
MINNESOTA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION
ASSOCIATION OR A LOCATION AND JURSIDICATION COMPANY CHOOSES, IN ITS
SOLE AND EXCLUSIVE DISCRETION. The final award in any such
arbitration proceeding shall be subject to entry as a judgment by
any court of competent jurisdiction, provided that such judgment
does not conflict with the terms and provisions hereof. The
jurisdiction of the arbiter (or arbiters) with respect to legal
matters shall be limited only by the statutory and common law of the
Minnesota and the federal law of the United States of America or
such location, jurisdiction, state and/or country chosen by Company,
in its sole and exclusive discretion. 32.1. Collection Assignment
Notwithstanding the provisions of this section, if you fail to
timely pay any amounts due within this clause or within the entire
Agreement, Company may assign your account for collection and the
collections agency may pursue such claims in court for the
collection of the past due debt and any interest or cost of
collection permitted by law or this Agreement. 32.2. Relief
Nothing in this Section shall preclude Company from seeking and
obtaining any injunctive relief or attachment and expedited
discovery or other equitable relief to enforce the terms of this
Agreement or to remedy a breach thereof. This is the only exception
to the mandatory arbitration provisions set forth in this section.
Any action to obtain such relief must be brought in the Court of
Minneapolis, Minnesota USA or a court and/or jurisdiction chosen at
any time and approved in writing by and at the sole discretion of
Company. 32.3. Waiver
In addition to the foregoing, YOU HEREBY AGREE
THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE
THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND
COMPANY AND/OR SERVICES AND/OR CONTENT AND/OR COMMUNITY AND/OR THE
WORK THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS
AGREEMENT, and that such waiver shall be enforceable up to and
including the day that trial is to start, and even if the
arbitration provisions of this paragraph are waived. Should any
legal fees, costs, or other expenses be incurred by Company with
regard to enforcement of this arbitration and jury waiver provision,
Company shall be entitled to recover such legal fees, costs, or
other expenses without regard to whether Company prevails in the
underlying case. You agree you will pre-pay those costs which are
known in advance. You agree Company will submit invoice(s) to you
for additional expenses associated with disputes and actions to
settle such and that you will pay each invoice promptly within 15
days of your receipt. You agree you may not and will not be a representative of other
potential claimants or a class of potential claimants in any dispute
concerning or relating to this Agreement, nor may two or more
individuals' disputes be consolidated or otherwise determined in one
proceeding. YOU AND COMPANY ACKNOWLEDGE THAT THIS SECTION WAIVES ANY
RIGHT YOU OR ANYONE ASSOCIATED WITH YOU OR YOUR ORGANIZATION OR
ANYONE ON YOUR BEHALF HAVE TO PARTICIPATION AS A PLAINTIFF OR AS A
CLASS MEMBER IN ANY CLASS ACTION. 33.0. Choice of Law; Venues; Successors and Assigns
This Agreement is binding upon the parties and
their respective successors and assigns, where successors and
assigns are allowed herein. This Agreement shall be construed in
accordance with the laws of Minnesota, USA and to be performed
wholly within the State of Minnesota of the United States of
America, and, where applicable, federal law, without regard to
conflicts of law principles, governing contracts executed and
performed therein and in accordance with the laws of the United
States of America, or a court, jurisdiction and/or choice of law
location chosen at any time and approved in writing by and at the
sole and exclusive discretion of Company, and shall be binding upon
and inure to the benefit of the Parties' respective heirs, personal
representatives, executors, administrators, successors and assigns,
where such are allowed herein. The parties specifically exclude from application to the Agreement
the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transactions Act.
Any disputes which arise under this Agreement, including after
termination of this Agreement, will be heard only in the state or
federal courts located in Minneapolis, Minnesota, USA or a court,
jurisdiction and/or choice of law location chosen at any time and
approved in writing by and at the sole and exclusive discretion of
Company. Member and Company expressly agree to submit to the
jurisdiction of the foregoing courts in Minneapolis, Minnesota, USA
or a court, jurisdiction and/or choice of law location chosen at any
time and approved in writing by and at the sole and exclusive
discretion of Company. Member expressly waives any right to contest
the jurisdiction, venue or convenience of any court sitting in the
State of Minnesota, USA or a court, jurisdiction and/or choice of
law location chosen at any time and approved in writing by and at
the sole and exclusive discretion of Company. Should any legal fees, costs, or other expenses be incurred by
Company in attempting to enforce its choice of venue, Company shall
be entitled to recover such legal fees, costs, or other expenses
from you without regard to whether Company prevails in the
underlying case. You agree you will pre-pay those legal fees, costs
or other expenses which are known in advance. You agree Company will
submit invoice(s) to you for legal fees, costs and additional
expenses associated with disputes and actions to settle such and
that you will pay each invoice promptly within 15 days of your
receipt. 34.0. Entire Agreement
This Agreement constitutes the entire agreement
of the Parties with respect to the subject matter hereof, and
supersedes and cancels all other prior agreements, discussion, or
representations, whether written or oral. No officer, employee or
representative of Company or you has any authority to make any
representation or promise in connection with this Agreement or the
subject matter thereof which is not contained expressly in this
Agreement, and Company and you hereby acknowledge and agree that you
have not executed this Agreement in reliance upon any such
representation or promise. 35.0. Modification
This Agreement may be materially altered by Company by posting the
new version of the Agreement at Company web site and, if posted in
this manner, shall be effective immediately upon posting such
notice. In the event that Company does materially change the terms
of this Agreement, you accept and shall be bound by such changed
terms unless you opt to terminate the Agreement within three days of
the posting of such at Company web site. You may not modify this Agreement, in whole or in part, and any such
modification or attempt to modify shall not be enforceable unless
reduced to writing and signed by a duly authorized representative of
Company. No additional or conflicting term(s) in any other document
used by you will have any legal effect. 36.0. Statute of Limitations
You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or
related to Company, use of the Service, Community, The Work or this
Agreement must be filed within three months after such claim or
cause of action arose or be forever barred.
37.0. Documents
You agree to take additional steps and execute any further documents
as Company requests to confirm, enforce or implement any provisions
of this Agreement or to satisfy the requirements of any third party
with whom Company may deal. 38.0. Training Program
You understand that paid or free Services, of
which we are under no obligation to deliver and at our sole
discretion, you may receive and participate in an educational
program(s) provided by us delivered in electronic, video, audio,
written, personal or group format or other formats now known or
hereafter developed (the “Program”). You understand and agree, at
our sole discretion, you may receive associated educational
materials through, but not limited to electronic files, audios,
videos, written materials, CDs, teleseminars, webinars, coaching
and/or training or materials as we deem appropriate (the
“Materials”).
You agree you will not publish, distribute, disclose, share or
otherwise use the Program Materials for commercial gain or other
reasons outside your participation in Services or Community or
distribute to other people outside Community. You will only use the
Program Materials and the trainings, methods, and other applications
within the Materials for your own personal use.
You agree not to train or teach or distribute
Program Materials, training or methods of Company. You agree you
will not use Program Materials and the strategies, methods and other
applications within the Materials in any way that competes with
Company’s offerings of Service or Community, The Work or training to
any markets. You agree not to compete with Company by offering
services similar to the blog Community Services that we are
offering.
You understand that specific professional resources may be discussed
throughout the Services, Community, The Work or training consisting
of vendors, suppliers, professionals and independent contractors
(the “Resources”). References to these Resources are for information
purposes only. Company does not recommend or warrant any Resources,
and Company is not responsible for any loss or damage you experience
in dealing with these Resources. You understand that Company may
receive remuneration, either actual or in kind, from these
Resources. You understand that the content of the training you may receive or
other information you may receive from Company and/or the actions,
choices or Services provided by Company will not be all the
information that exists or the actions that could be taken on the
said subjects. 39.0. Publication
We have the sole discretion and exclusive right to determine in
which media, if and when the Services, Community, The Work or any
thing associated with Company or any derivatives thereof are
promoted, distributed and or publicized.
You agree to allow us to use, and to authorize third parties to use,
your name, likeness, trademarks, service marks, case study, Content,
I&C and biographical information in the publicity, distribution,
sale and/or promotion of Community, Services, The Work and/or any
derivatives, adaptation or uses of such as herein described. We can determine, in our sole discretion, credits afforded to
persons in relation to the Contributions, Content, Services,
Community, The Work and/or any derivatives thereof. 40.0. Claims
We will not be liable for any loss or damage to
your documentation, your electronic media, your pictures or any of
your media in other forms which may be damaged regardless of whether
occurring in transit or while in possession of you, COMPANY and any
third party. You agree in order to assure the safety of the
materials, you will retain and safeguard your own private copies
thereof.
We have the sole right to prosecute, or decline
to prosecute, any claims, including claims for copyright or
trademark infringement, with respect to the Service, Community
and/or The Work, or any derivatives thereof. You expressly authorize
and empower us to prosecute any such claim in your name as they
pertain to the Community, The Work or any derivatives thereof.
Company shall have complete and exclusive right and title to any
award, judgment or settlement resulting there from. We will control the defense of any claims or proceedings against any
of the parties to this Agreement (without limitation the
representations, warranties or indemnity obligations of you). The
parties shall cooperate with each other in connection with all such
proceedings and shall notify each other in writing promptly upon the
receipt of any claim or other action which relates to their
respective representations and warranties or indemnification
obligations under this Agreement (or any other agreement).
You indemnify us and keep us indemnified
against any losses, damages, liabilities, costs or expenses arising
in connection with your breach of any term of this agreement
including but not limited to such arising in connection with anyone
who accesses the Services, Community, web site or uses any of the
services using your password or user identification. You accept full
responsibility for any losses, damages, liabilities, costs or
expenses airing in connection with anyone who accesses Services,
Community, web sites, or uses any of the Services using your
password or user identification. 41.0. Regards
We have approval and control of all things
associated with Company, Services, Community and/or The Work. You
and Company agree if the handling and/or understanding of anything
in regards to Company, Services, Community or The Work are not
covered in this Agreement, that we will have sole, exclusive and
binding authority to make such decision(s). We will layout, provide, distribute and program the Services,
Company, Community, The Work and/or derivatives of such in manners
we deem appropriate. We retain all rights, title and interest in the Services, Company,
Community, The Work and/or derivatives as published or otherwise
produced or distributed by us or any licensee thereof. Community may
not be reproduced, translated or otherwise used in any way by you or
any third party without our prior written consent, and may be
reproduced or otherwise used by us in any other way in Company’s
sole discretion. If Company were to sell The Work, Company, Community or anything
associated with such, Member agrees and acknowledges Company has no
obligation or liability to Member including but not limited to any
remuneration. 42.0. Obligations
All representations, warranties, and indemnification obligations of
Member or Company hereunder shall survive the termination of this
Agreement or any other agreement to which such warranties,
representations, or indemnification obligations pertain. The term of
this Agreement shall be co-extensive with the life of The Work’s
copyright. 43.0. Parties Bound
This Agreement, once accepted by you through
either your signature, participation in Services, request for
Services or electronic acceptance through sign up form on our online
web page, shall immediately become binding on the parties hereto,
and shall constitute an enforceable agreement in accordance with its
terms. This Agreement shall be binding upon and inure to the parties
hereto, their respective heirs, successors, administrators, and
permitted assigns. All rights, duties and obligations of Member
hereunder are personal and non-assignable, and any purported
assignment shall be deemed void ab initio. Company is permitted to
assign this Agreement or any portion of this Agreement or assign or
sell or subcontract any of its rights, ownership, duties or
obligations hereunder. 44.0. Originals
This Agreement may be executed electronically
via web site sign up form or by participation in Services or by
signature, and Parties herein agree that electronic copies of this
Agreement with your signature or your electronic acceptance of these
terms at point of purchase and/or point of sign up on web site or
your first use and/or participation in Services, shall serve as an
original copy. It is also agreed that once you access Services or
our web site or Community or The Works, you can accepted these Terms
of Service and this Agreement. You and we agree that electronic
copies or faxed copies of this Agreement shall serve as original
copies.
45.0. Web Browsers
The Work, Community, Services and all associated with The Work are
created and programmed for the most widely used internet browsers.
An internet browser is defined as the software program which people
use to view the internet through their computers. An example of a
widely used internet browser is Internet Explorer. You and we
acknowledge there are internet browsers which are used by small
populations of internet visitors. The internet browsers that we
create for and program for and that Services can be accessed by and
Community will be able to be viewed through are the most popular and
of our choosing. The search engine(s) that we create for, program for, search engine
optimize for are the most popular and of our choosing. The Work, Community, Services, Content, press releases, media,
online movies, podcasts and all associated with The Work and
Services are created and submitted by Company for the most widely
used outlet(s). An outlet is defined as the location or place which
people and/or media use to find what they are looking for on the
internet through their computers or for their web sites or media
stories. You and we acknowledge there are outlets which are used by
small populations of people, media and/or internet visitors. The
outlets that we create for, program for, search engine optimize and
submit for are the most popular and of our choosing. 46.0. Additional Systems
From VRS comments and interactions with you, you could become aware
of and create products or services that match what other people want
to. As part of Services, we will not create the sales conversion
system (such as sales letter or converting your subscribers to
buyers) or the products or services for you. You understand we may maintain consulting businesses and or other
products or services that are separate from the Community and
Services herein. You understand we may choose clients for Company’s
separate business(es) from amongst Members, however, nothing written
and/or stated verbally by any party is a guarantee that you will
become a private client or participate in other Services. Such
offers can only be made in writing.
47.0. Archives and Content
As part of our plans for the Community and Services, we may offer
webinars and teleseminars, which include you, your contributions,
your Content, other Members or their contributions and/or Content.
These may be recorded, archived and made available in various ways.
You may want to submit your picture or a graphic and information for
us to distribute and publicize. You agree to allow us to use and publicize, and to authorize third
parties to use and publicize your name(s), likeness, Service
experience, Service results, Community experience, Community
results, web site address, I&C, trademarks, service marks and
biographical information in the distribution and promotion of the
Community and/or The Work. It is agreed that we are entitled to credit for your experiences and
results with our Services, The Work and The Community. You
irrevocably consents to us recording in any format your
participation in Services, Community, The Work, webinars and/or
teleseminars and to use the same, in any form, in connection with
the Community and/or The Work or in connection with or in promotion
of this or another enterprise, at our sole discretion and without
compensation of any kind to you. You further consents to the use and
disclosure of your name, city and state of residence or business,
professional designation or occupation, appearance, image,
statements and participation and anything associated with your
experience with Services, Community and/or The Work, in whole or in
part, in these recordings or other derivative materials based on
them, in any format now known in the Universe or devised in future,
in any geographic location, and you understand that we intend to do
the same for educational, promotional and commercial applications.
We are under no obligation whatsoever to use all or any part of your
participation in Services, Community and/or The Work in this manner,
and we may edit any recording of your participation at our
discretion. We shall have the right to reproduce, distribute,
prepare derivative works based on, publicly perform and display,
advertise, and publicize your participation in Services, Community
and/or The Work and in these materials without compensation to you
or anyone else, unless you and we place an agreement for further
compensation in writing signed by both you and we. You agree that we
own all rights, title and interest, including copyright, in and to
the originals and all copies in all forms including but not limited
to webinar, teleseminar, audio, visual, or written recording, with
full media and worldwide rights and you provide us a non-exclusive
license to such that is yours so we may distribute and publicize.
48.0.
Privacy Policy
We offer a number of services that do not
require you to register for an account or provide any personal
information to us, such as articles on our web site(s) or blog
post(s). In order to provide our full range of services, we may
collect the following types of information:
- Information you provide – When you
sign up for an account or other service or promotion that
requires registration, we ask you for personal information (such
as your name, email address, user name and an account password).
For certain services, such as our paid membership programs, we
also request credit card or other payment account information
which we maintain in encrypted form on secure servers. We may
combine the information you submit under your account with
information from other of our services or third parties in order
to provide you with a better experience and to improve the
quality of our services. For certain services, we may give you
the opportunity to opt out of combining such information.
- Cookies – When you visit us, we
send one or more cookies – a small file containing a string of
characters – to your computer that uniquely identifies your
browser. We use cookies to improve the quality of our service by
storing user preferences and tracking user trends, such as how
people search on our site(s). We also may use cookies in our
advertising.
- Log information – When you access
our services, our servers automatically record information that
your browser sends whenever you visit one of our websites. These
server logs may include information such as your web request,
Internet Protocol address, browser type, browser language, the
date and time of your request and one or more cookies that may
uniquely identify your browser.
- User communications – When you send
email or other communications to us, we may retain those
communications in order to process your inquiries, respond to
your requests and improve our services.
- Affiliated sites – We offer some of
our services in connection with other web sites. Personal
information that you provide to those sites may be sent to us in
order to deliver the service. We process such information in
accordance with this Privacy Policy. The affiliated sites may
have different privacy practices and we encourage you to read
their privacy policies.
- Links – We may present links in a
format that enables us to keep track of whether these links have
been followed. We use this information to improve the quality of
our search technology, customized content and advertising.
- Other sites – This Privacy Policy
applies to our services only. We do not exercise control over
the sites displayed as information or links from within our
various services. These other sites may place their own cookies
or other files on your computer, collect data or solicit
personal information from you.
We only process personal information for the
purposes described in this Privacy Policy, our Terms of Service
Agreement and/or the supplementary privacy notices for specific
services. In addition to the above, such purposes include:
- Providing our services to users, including
the display of customized content and advertising;
- Research and analysis in order to
maintain, protect and improve our services;
- Ensuring the technical functioning of our
network; and
- Developing new services.
You can find more information about how we
process personal information by referring to the Terms of Service
Agreement and/or supplementary privacy notices for particular
services.
We may process personal information to provide
our own services. In some cases, we may process personal information
on behalf of and according to the instructions of a third party,
such as our advertising partners.
48.1.
Options
When you sign up for a particular service that
requires registration, we ask you to provide personal information.
If we propose to use personal information for any purposes other
than those described in this Privacy Policy, Terms of Service
Agreement and/or in the specific service privacy notices, we will
offer you an effective way to opt out of the use of personal
information for those other purposes. We will not collect or use
sensitive information for purposes other than those described in
this Privacy Policy, Terms of Services Agreement and/or in the
supplementary service privacy notices, unless we have obtained your
prior consent.
Most browsers are initially set up to accept
cookies, but you can reset your browser to refuse all cookies or to
indicate when a cookie is being sent. However, some of our features
and services may not function properly if your cookies are disabled.
You can decline to submit personal information
to any of our services, in which case we may not be able to provide
those services to you.
48.2.
Information
We only share personal information with other
companies or individuals outside of us in the following limited
circumstances:
- We have your consent. We require opt-in
consent for the sharing of any sensitive personal information.
- We provide such information to our
subsidiaries, affiliated companies or other trusted businesses
or persons for the purpose of processing personal information on
our behalf. We require that these parties agree to process such
information based on our instructions and in compliance with
this Privacy Policy and any other appropriate confidentiality
and security measures.
- We have a good faith belief that access,
use, preservation or disclosure of such information is
reasonably necessary to (a) satisfy any applicable law,
regulation, legal process or enforceable governmental request,
(b) enforce applicable Terms of Service, including investigation
of potential violations thereof, (c) detect, prevent, or
otherwise address fraud, security or technical issues, or (d)
protect against imminent harm to the rights, property or safety
of us, our services, users or the public as required or
permitted by law.
We may share with third parties certain pieces
of aggregated, non-personal information, such as the number of users
who read a certain blog post, for example, or how many visitors our
web site(s) had. Such information does not identify you
individually.
Please contact us at the address below for any
additional questions about the management or use of personal data.
48.3.
Information Security
We take appropriate security measures to
protect against unauthorized access to or unauthorized alteration,
disclosure or destruction of data. These include internal reviews of
our data collection, storage and processing practices and security
measures, as well as security measures to guard against unauthorized
access to systems where we store personal data.
We restrict access to personal information to
our employees, contractors and agents who need to know that
information in order to operate, develop or improve our services.
These individuals are bound by confidentiality obligations and/or
may be subject to discipline, including termination and criminal
prosecution, if they fail to meet these obligations.
48.4. Data
Integrity
We process personal information only for the
purposes for which it was collected and in accordance with this
Privacy Policy, our Terms of Service or any applicable
service-specific privacy notice. We review our practices to only
collect, store and process the personal information needed to
provide or improve our services. We take reasonable steps to ensure
that the personal information we process is accurate, complete, and
current, but we depend on our users to update or correct their
personal information whenever necessary.
48.5.
Accessing and Updating
When you use our services, we make good faith
efforts to provide you with access to your personal information and
either to correct this data if it is inaccurate or to delete such
data at your request if it is not otherwise required to be retained
by law or for legitimate business purposes. We ask individual users
to identify themselves and the information requested to be accessed,
corrected or removed before processing such requests. We may decline
to process requests that are unreasonably repetitive or systematic,
require disproportionate technical effort, jeopardize the privacy of
others, or would be extremely impractical (for instance, requests
concerning information residing on backup tapes), or for which
access is not otherwise required. In any case, where we provide
information access and correction, we perform this service free of
charge, except if doing so would require a disproportionate effort.
Some of our services have different procedures to access, correct or
delete users’ personal information.
48.6.
Questions
Please feel free to direct any questions or
concerns regarding this Privacy Policy through this web site or by
writing to us at
LM Prokop and Associates
331 South Main Street #E111
Rice Lake, WI 54868
When we receive formal written complaints at
this address, it is our policy to contact the complaining user
regarding his or her concerns. We will cooperate to resolve any
complaints regarding the transfer of personal data.
48.7.
Changes
Please note that this Privacy Policy may change
from time to time. We will post any Privacy Policy changes on this
page and/or Terms of Service Agreement. Each version of this Privacy
Policy will be identified at the top of the page by its effective
date.
If you have any additional questions or
concerns about this Privacy Policy, please feel free to contact us
any time through this web site or at
LM Prokop and Associates
331 South Main Street #E111
Rice Lake, WI 54868
49.0. Affirm
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be duly executed as of the day and year herein detailed. I, Member,
have read this Agreement and understand it and agree to it.
|
