Effective Date: May 8, 2007
To review material modifications and their effective dates scroll to the bottom of the page.
4.How We Treat Postings To This Site (Blog, Forum, or Chat Room).
4.1We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
4.2We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
4.3By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
5.Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7.Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8.Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9.DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Frank Prieto Strategic Marketing, Inc.
10604 SW 71 Ln
Miami, FL, 33173
Agent’s Name/Email Address: email@example.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10.Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DISCLAIMER BY WEBSITE DEVELOPER; NO RESPONSIBILITY FOR WEBSITE LEGAL COMPLIANCE.
YOU AGREE TO ASSUME SOLE RESPONSIBILITY FOR WEBSITE LEGAL COMPLIANCE. YOUR RESPONSIBILITY IS TO EMPLOY AN ATTORNEY TO REPRESENT YOU TO IN CONNECTION WITH LEGAL COMPLIANCE FOR YOUR WEBSITE AND TO MANAGE YOUR EXPOSURE TO LEGAL LIABILITY. WE WILL WORK WITH YOUR ATTORNEY TO INCORPORATE YOUR ADVERTISING CLAIMS, LEGAL NOTICES, DISCLAIMERS, AND AGREEMENTS INTO YOUR WEBSITE, BUT WE ARE NOT RESPONSIBLE FOR, AND WILL NOT PROVIDE YOU WITH ADVERTISING CLAIMS, LEGAL NOTICES, DISCLAIMERS, OR AGREEMENTS, OR ANY ADVICE IN THE NATURE OF LEGAL ADVICE.
1.ALTHOUGH WE MAKE EVERY EFFORT TO ACCURATELY REPRESENT THE SERVICES AND/OR PRODUCTS PRESENTED ON THIS WEBSITE, WE MAKE NO ASSURANCE, REPRESENTATION OR PROMISE REGARDING FUTURE EARNINGS OR INCOME, OR THAT YOU WILL MAKE ANY SPECIFIC AMOUNT OF MONEY, OR ANY MONEY AT ALL, OR THAT YOU WILL NOT LOSE MONEY.
2.EARNINGS OR INCOME STATEMENTS, OR EXAMPLES OF EARNINGS OR INCOME, REPRESENT ESTIMATES OF WHAT YOU MAY EARN; HOWEVER, THERE IS NO PROMISE OR GUARANTEE THAT YOU MAY EXPERIENCE THE SAME LEVEL OF EARNINGS OR INCOME.
TESTIMONIALS AND RESULTS DISCLOSURE
1. NO COMPENSATION OR BENEFITS TO TESTIMONIALISTS. NONE OF THE TESTIMONIALISTS ON THIS SITE RECEIVE (I) AFFILIATE COMMISSIONS BASED ON SALES OF PRODUCTS OR SERVICES FOR WHICH THEY GIVE TESTIMONIALS, OR (II) FREE PROMOTIONAL MATERIALS OR FREE PRODUCTS OR SERVICES TO REVIEW.
2. GENERALLY EXPECTED RESULTS FROM OUR PRODUCTS/SERVICES. FOR TESTIMONIALS WE POST ON OUR SITE THAT ARE IN THE NATURE OF “SUCCESS STORY” OR “BEST-CASE” SCENARIO TESTIMONIALS (AS DISTINGUISHED FROM SUBJECTIVE OPINIONS), WE HAVE DATA THAT WILL SUBSTANTIATE THE RESULTS AND ALSO PROVIDE STATEMENTS OF EXPECTED TYPICAL RESULTS WE BELIEVE CONSUMERS WILL GENERALLY ACHIEVE WITH OUR PRODUCT OR SERVICE, AND WE WILL PROVIDE THIS INFORMATION UPON REQUEST – EMAIL COMPLIANCE.OFFICER-AT-ACUMARKETING.COM. IF YOU DO NOT REQUEST SUBSTANTIATION DATA FROM US, YOU SHOULD ASSUME THAT THE RESULTS ACHIEVED BY THESE TESTIMONIALISTS ARE THE EXCEPTION AND NOT THE RULE, AND FOR THIS REASON, YOU SHOULD NOT EXPECT TO ACHIEVE THE SAME LEVEL OF RESULTS, OR ANY POSITIVE RESULTS AT ALL.
3. SUBJECTIVE OPINION TESTIMONIALS WE POST. FOR TESTIMONIALS WE POST ON OUR SITE THAT ARE IN THE NATURE OF SUBJECTIVE OPINIONS, WE DO NOT INDEPENDENTLY VERIFY, NOR DO WE SEEK INDEPENDENT VERIFICATION; HOWEVER, TO THE BEST OF OUR KNOWLEDGE WE BELIEVE THE TESTIMONIALISTS ARE GIVING THEIR HONEST OPINIONS. IF YOU’RE NOT SURE REGARDING WHETHER A PARTICULAR TESTIMONIAL IS A “SUCCESS STORY”/”BEST-CASE” SCENARIO TESTIMONIAL OR A SUBJECTIVE OPINION TESTIMONIAL, EMAIL OUR COMPLIANCE OFFICER AT THE EMAIL ADDRESS PROVIDED ABOVE AND REQUEST CLARIFICATION.
4. BLOG POSTS BY OTHERS. WE DO NOT INDEPENDENTLY VERIFY, NOR DO WE SEEK INDEPENDENT VERIFICATION OF COMMENTS AND STATEMENTS THAT MAY BE POSTED BY OTHERS IN BLOG POSTS ON THIS SITE REGARDING OUR WEBSITE, ITS PRODUCTS OR SERVICES. FOR THIS REASON, IF OTHERS POST “SUCCESS STORY” OR “BEST-CASE” SCENARIO TESTIMONIALS OR POSITIVE COMMENTS (AS DISTINGUISHED FROM SUBJECTIVE OPINIONS), YOU SHOULD ASSUME THAT THE RESULTS ACHIEVED BY THESE TESTIMONIALISTS ARE THE EXCEPTION AND NOT THE RULE, AND FOR THIS REASON, YOU SHOULD NOT EXPECT TO ACHIEVE THE SAME LEVEL OF RESULTS, OR ANY POSITIVE RESULTS AT ALL.
THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
14.Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
15.Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Miami, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
17.Controlling Law. This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
18.Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
19.Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
>>Material Modifications<< Since May 8, 2007: none.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.