As an inducement to Companies to provide materials on
the Internet or other methods, by using this site, inquiring
from us, reading our materials, or purchasing products
or services from us, you agree to these terms and conditions.
Please make sure you read this section carefully and
understand the terms and conditions herein.
By use of any information and hyperlinks (collectively
called "Materials"), or purchase of any products
or services (collectively called "Products")
communicated through this Internet Web site, listserver,
e-mail server, e-commerce processor, autoresponders,
domain name server (collectively called "Service"),
or any contacts or transactions offline, you hereby
acknowledge, and agree to the following:
Companies and our dealers, associates, agents and
licensors expressly do not make any warranties, including,
without limitation, guarantees of income, warranties
of fitness for a particular purpose, as well warranties
of accuracy, completeness, currentness, noninfringement,
merchantability with respect to the Service, the Materials,
or the Products provided or offered here.
Neither we nor any of our dealers, associates, agents
and licensors shall be liable for any direct, indirect,
incidental, punitive, or consequential loss, damage
or injury of any kind whatsoever in connection with
the Site, Products, or Services, even if advised on
the possibility of such damages.
In no case shall our liability, as well as the liability
of our dealers, associates, agents and licensors, if
any, arising out of any kind of legal claim (whether
in contract, tort or otherwise) in any way connected
with the Site, the Service, the Material, or the Products,
exceed the total dollar amount you paid us or our dealers,
associates, agents and licensors.
By using the Service you assume full responsibility
for the use of all Materials and Products. You assume
full responsibility for adherence to any and all applicable
laws and regulations, including federal, state and local,
governing professional licensing, advertising, business
practices, and all other aspects of doing business in
the United States or any other jurisdiction. Any Materials,
Products, and offerings are void where prohibited by
law. Under no circumstance is anything written or spoken
to be construed as a guarantee of income. We make NO
GUARANTEES OF INCOME.
All statement, stories, research findings, etc, are
derived from sources believed reliable. While all ordinary
due diligence attempts have been made to verify information
provided, in any publication of any nature Companies
make or offer, including books, manuals, cassettes,
compact discs, podcasts, videos, letters, websites,
etc, neither Author, Publisher, nor Companies assume
any responsibility for errors, omissions, or contrary
interpretation of the subject matter herein. We provide
information products only. Any earning claims of outside
parties have not been verified and are believed true;
they may not be representative of your experience. You
may do better or worse. Any perceived slights of specific
persons, peoples, organizations, or practices is unintentional.
Participant hereby releases Companies, the Program
and the Principals and Speakers from, and agrees and
covenants that participant will not sue same or take
any action on account of any and all claims or causes
of action in connection with the Companies, Program,
and, in no event shall any Course, the Companies, Program
or the Principals or Speakers be liable for any punitive
damages, incidental or consequential damages whatsoever.
Participant acknowledges that the limitations of its
remedies provided for herein do not fail of their essential
purpose and that it is not unconscionable for the Course,
the Program and its Principals to seek and obtain such
limitations of its and their financial exposure to the
Participant.
Participant hereby agrees to and does indemnify Companies
and any Course, the Program and its Principals and holds
them, and each of them, harmless from and will defend
them against any and all claims, judgments, liabilities,
expenses and damages (including attorney’s fees
and costs) arising out of or in connection with any
breach by Participant of its obligations, agreements
of covenants hereunder, and, any acts or omissions by
Participant, its agents, representatives and employees
whatsoever. Any and all claims and actions arising out
of the Program, this document, or otherwise, shall be
exclusively arbitrated in Hennepin County, State of
Minnesota, in accordance with the then prevailing Rules
& Regulations of the American Arbitration Association,
which proceedings shall be final and binding, and strictly
confidential. Neither the existence of such proceedings
or the results thereof shall be disclosed to any third
party, unless expressly required by law.
No publication released by Companies is intended for
use as a source of legal, accounting, or tax advice.
All information may be subject to varying national,
state, and/or local laws or regulations. All users are
advised to retain the services of competent professionals
for legal, accounting, or tax advice.
The purchaser or reader of all publications assumes
responsibility for the use of said materials and information,
including adherence to all applicable laws and regulations,
federal, state, and local, governing professional licensing,
business practices, advertising, and all other aspects
of doing business in the United States or any other
jurisdiction in the world. No guarantees of income are
made. Publisher reserves the right to make changes.
You do not have to accept these terms, you can reject
any offer we make and leave the site, return the product
for a refund, etc. The Author, Publisher, and Companies
assume no responsibility or liability whatsoever on
the behalf of any purchaser or reader of these materials.
Appropriate Use of Services
Companies provide certain Services, and make no effort
to edit, control, monitor or restrict the content of
data other than as necessary to provide such Services.
You are responsible for your own content.
You agree that you will not distribute, electronically
transmit or display any materials in connection with
use of Companies’ Services which: violate any
state, federal or foreign laws or regulations; infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of any
party; are defamatory, slanderous or trade libelous;
are threatening or harassing; are discriminatory based
on gender, race, age – this included NO pornography
of any kind; that promote hate; that violate any Companies’
policy posted on Companies’ Site; or contain viruses
or other computer programming defects which result in
damage to any party.
No "Spam". You shall not use the Services
for chain letters, junk mail, spamming, or any use of
distribution lists to any person who has not given specific
permission to be included in such a process. You shall
not engage in any unsolicited email practices in relation
to Companies’ services, equipment, materials,
etc.
Termination. Companies may, in Companies’ sole
discretion, immediately terminate any agreement, license,
or service without remedy if you engage in any of the
foregoing.
Trademarks
All trademarks or registered trademarks are property
of their respective owners. Usage of other trademarks
is only for illustrative, educational, or entertainment
purposes, without intent to infringe. Any such trademark
usage does not constitute endorsement by Companies,
or any of its dealers, associates, affiliates, licensors.
Copyright
Unless where indicated otherwise, copyright for all
materials © Melberg Marketing, Inc., all rights
reserved worldwide. By submitting unsolicited Material
submitted through the Service or to any email, you agree
that such material enters our copyright, unless indicated
or agreed upon otherwise, and can and may be used in
Companies’ educational and marketing efforts.
No translation or reproduction, either electronically
or mechanically, permitted without express written permission
from Companies except in cases where proper credits
have been given. Any violation of our copyrights, patents
or trademarks will be quickly prosecuted to the fullest
extent of the law.
Privacy Statement
For each visit to our Web site, our Web server automatically
recognizes only the visitor's IP address, but not the
e-mail address, unless the visitor volunteers their
e-mail address to us by filling out a Web form.
We electronically collect the e-mail addresses of
those who post messages to our discussion forums, of
those who complete online web forms, of those who communicate
with us via e-mail, of those who make postings to our
chat areas.
We aggregate information on what pages and other resources
users access or visit, as well as user-specific information
on what pages users access or visit, and information
volunteered by the user, such as survey information,
web form content and/or site registrations.
The information we collect is used to improve the
content of our Web site, used to notify users about
updates to our Web site and used by us to contact user
for marketing purposes target to users' specific needs.
If you do not want to receive e-mail from us in the
future, please let us know by responding to any system
e-mailing by clicking on the link at the bottom. This
will remove your e-mail address from our databases and
Web site. This also includes removal from e-zine mailings.
We respect your privacy. We do not share or rent our
email or mailing list information with other companies
or marketers. We disclaim responsibility for accidental
or intentional misuse of information by ourselves or
any 3rd party. Also we may disclose information when
we are legally compelled to do so or to protect site
owner's rights.
If you supply us with your address you may receive
periodic mailings from us with information on new products
and services or upcoming events. If you do not wish
to receive such mailings, please let us know by responding
to the remove link included with each system e-mailing.
Changes in Legal Terms of Use
These terms of use are subject to change at any time,
without notice. All changes to these Terms of Use are
published here; we encourage you to check back often
for the latest version of this page. Publisher reserves
the right to make changes. All changes are retroactive
to include all previous encounters and transactions.
General Provisions
Product prices and availability: The price charged
for every product sold under this program will be determined
by Companies according to pricing policies. In case
of any price discrepancies, the price charged to the
customer will always be the price listed on webpage.
Product availability can change, and Company will present
the best information available to all sponsoring sites
and its clients regarding course availability.
Website service interruption:
Companies will make every effort to keep their website(s)
operational. However, certain technical difficulties
may, from time to time, result in temporary service
interruptions. Customer, Client, Prospect, Surfer, Participant
agrees not to hold Companies liable for any of the consequences
of such interruptions.
Miscellaneous: Small Business Mavericks is a division
of Melberg Marketing, Inc. From time to time Companies
and individuals or other companies enter into agreements.
Parties hereby agree that said individuals and companies
are independent contractors and nothing in this agreement
is intended to or will create any form of partnership,
joint venture, agency, franchise, sales representative
or employment relationship between the parties. Participant
shall not assign this Agreement, by operation of law
or otherwise, without the prior written consent of Companies.
Subject to the foregoing restriction, this agreement
is binding upon, insures to the benefit of and is enforceable
by the parties and their respective successors and assigns.
Titles are used here as guidelines, and have no legal
significance, and cannot be cited as evidences.
Construction and Interpretation. This agreement shall
be governed and construed by the laws of the State of
Minnesota. The site for all actions is Minneapolis,
MN. All provisions of this Agreement are intended to
be interpreted and construed in a manner to make such
provisions valid, legal and enforceable in a court of
law. If, for any reason, a provision is declared illegal
or unenforceable, the remainder of this Agreement shall
not be affected thereby and shall be interpreted so
as to give full effect to the intent of this Agreement.
The provisions of this Agreement shall be enforceable
notwithstanding the existence of any claim or cause
of action of Companies against Individual/company or
against Individual/company, whether predicated on this
Agreement or otherwise.
Assignment. Company may assign its rights under this
Agreement and this Agreement shall inure to the benefit
of the successors and assigns of Company, and shall
be binding upon Affiliate Partner, its heirs, executors,
administrators, guardians, and permitted successors
and assigns. Affiliate Partner may not assign its rights
or obligations under this Agreement without the advance
written consent of Company, which consent may be withheld
or conditioned by Company in its sole discretion.
Entire Agreement and Amendment. This Agreement represents
the entire understanding of the parties with respect
to the specific matter of this Agreement and supersedes
all previous understandings, written or oral, between
the parties with respect to the subject matter. Headings
are for convenience only, and not for interpretation
of Agreement. Failure by Company or Affiliate Partner
to insist upon the other party's compliance with any
provision in this Agreement shall not be deemed a waiver
of such provision.
YOU ACKNOWLEDGE THAT YOU are FULLY COMPETENT TO CONTRACT
IN YOUR OWN NAME, HAVE READ THIS AGREEMENT, HAVE HAD
AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS
IF YOU SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS
SET FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS
AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT
THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL
NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID
ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT
IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. YOU UNDERSTAND
THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE
CONTAINED IN ANY OFFER, IN THIS AGREEMENT, OR OPERATE
WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB
SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF RESPONDING TO ANY OFFER, PURCHASING ANY PRODUCT,
PARTICIPATING IN ANY PROGRAM, AND VISITING ANY WEBSITE,
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Small Business Mavericks and Melberg Marketing, Inc.
1161 Wayzata Blvd. E., # 246, Wayzata, MN 55391
952-473-1007 • www.SmallBusinessMavericks.com
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