Privacy
Policy – Terms of Use Agreement - Disclaimer
Statement
PublishingYourBookGuide.com
(hereafter called "Company" or
"Companies")
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, 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
Davidson County, State of Tennessee, 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
© PublishingYourBookGuide.com, 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: PublishingYourBookGuide.com,
in addition to its own business, does all business for
and on behalf of PublishingYourBookGuide.com. 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 Texas. The situs for all
actions is Dallas, TX. 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.
Children’s Privacy
We do not knowingly collect
personal information from children under the age of 13. If we
learn that we have personal information on a child under the
age of 13, we will delete that information from our
systems. Obey
Enterprises and Anthony and Crystal
Obey encourage
parents to go online with their kids. Here are a few tips
to help make a child's online experience
safer:
Teach kids never to give
personal information, unless supervised by a parent or
responsible adult. Includes name, address, phone, school,
etc.
Know the sites your kids are
visiting and which sites are appropriate.
Look for Web site privacy
policies. Know how your child's information is
treated.
Check out
the FTC's
site for more tips on protecting children's privacy
online.
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.
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