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License, Terms of Use, and Copyright Notice
While attempts have been made to verify
information contained in the eBook, Report, and/or Software, the author
or publisher of the eBook or Report or the programmer of the Software,
neither Joe e. Clayton, Jr., nor their individual companies: Creative
Software or Free Software Forever, nor IBSoftShops, nor any Independent
Licensee/Operator of a website, individually or collectively, assume
any responsibility for errors, omissions, interpretation or usage of
the subject matter contained within this License.
By opening this eBook, Report,
and/or Software, you agree to abide by this License Agreement, and any
Terms of Use, Disclaimer, and Copyright Notice accompanying such products
or contained on websites from which this eBook, Report, and/or Software
are distributed (hereinafter the "Agreements"). Failure to comply
with the Agreements and/or any violation of the Copyright of this product
or any other applicable legal agreements will be prosecuted to the fullest
extent of the law. By opening this eBook, Report, and/or Software, you
also warrant that you are a person over the age of 18.
The websites from which
the eBook, Report, and/or Software are distribute are subject to availability
including all of their web pages that may be contained within this eBook,
Report, and/or Software. All persons seeking to purchase or download
the eBook, Report and/or Software at any of the websites from which
they are distributed must be at least 18 years to purchase.
NOTE: Your details will
never be sold, shared, rented, or passed on to any third party by the
author or publisher of the eBook or Report or the programmer of the
Software, or their individual companies: Creative Software or Free Software
Forever, nor IBSoftShops, nor any Independent Licensee/Operator of a
website, individually or collectively. They are for the use of the author
or publisher of the eBook or Report or the programmer of the Software,
or their individual companies: Creative Software or Free Software Forever,
or IBSoftShops, or the Independent Licensee/Operator of the website
who provided you with this eBook, Report, and/or Software so that you
may be informed of new passwords, new products that might be of interest
to your, or new additions for you to download.
You can unsubscribe at any
time by simply clicking on the unsubscribe link at the bottom of each
mailing -- although doing so would mean that your license is revoked
and would no longer receive updated passwords to open and/or use this
eBook, Report, and/or Software and that this eBook, Report, and/or Software
may become unusable as associated with this eBook, Report, and/or Software,
or with the individual websites contained in this eBook, Report, and/or
Software.
By opening this eBook, Report,
and/or Software, you expressly agree to resolve any dispute, disagreement,
claim, or lawsuit arising as a result of the use of this eBook, Report,
and/or Software, any associated Affiliate Program, or any associated
website(s) under the laws of the State listed in the Terms and Conditions
(of Use) posted at the website from which you made your download or
purchase and if such document is silent, then the laws of the State
of Florida, U.S.A. shall apply. You further agree that that
the venue for any such dispute, disagreement, claim, or lawsuit shall
be Volusia County Florida and is subject to Mandatory Online Arbitration
under the rules of the American Arbitration Association. The outcome
of any such Online Arbitration shall be final. All costs of such
Online Arbitration shall be borne by the party initiatiating the dispute,
disagreement, claim, or lawsuite arising as a result of the use of this
eBook, Report, and/or Software, any associated Affilate Program, or
any associated website(s).
This eBook, Report, and/or
Software is provided for informational purposes only subject to the
disclaimers contained herein.
You may not distribute any portion of this
eBook, Report, and/or Software. You may not
Reverse Engineer or alter any portion of this eBook,
Report, and/or Software.
SPECIFIC TERMS AND CONDITIONS
OF LICENSE TYPE: Please
read and understand your limited license rights to giveaway, brand,
sell, resell, or convey any specific rights granted to you based on
the package type and/or license type you have purchased or the type
of license that came with your free download.
If you have downloaded this
eBook, Report, and/or Software at no charge, then you have no Resale
Rights or Master Resale Rights. However, you may still have branding
and distribution rights if you have purchased a Distribution license.
For each class of rights
or category of eBook, Report, and/or Software, the following rules apply.
1) For any and all
license types, you may not make any claims to ownership of the content
or ideas contained in the eBook, Report, and/or Software or any associated
website(s) and you must include appropriate Copyright, Trademark, and/or
Patent notices in any advertising or webites used to discuss, advertise,
or describe the eBook, Report, and/or Software that you have licensed
by purchase or download, and/or that was delivered to you by any third
party.
2) Neither the original
author, publisher and/or programmer, nor Joe e Clayton, Jr., nor their
individual companies: Creative Software or Free Software Forever, nor
IBSoftShops, nor any Independent Licensee/Operator, conveys any intellectual
property rights whatsoever (including any Copyright, Trademark, or Patent
rights) or any ownership rights of this receipt for your purchase, all
of which are incorporated herein as if they were set forth in full.
Combined, the purchase and license rights described within this document
and within any other End User License Agreement that may apply to your
download, construct your entire agreement and description of rights
granted with regard to the eBook, Report, and/or Software purchased
and/or downloaded. Separate Terms and Conditions (of Use) may apply
to individual programs contained within the eBook, Report, and/or Software
purchased and/or downloaded and may be found within the specific website(s)
referred to therein.
4) If you should have
any rights of redistribution, whether you are you are distributing this
eBook, Report, and/or Software in its original format, or a Branded
version of this eBook, Report, and/or Software, you have no right to
promote the product(s) by any illegal methods, including but not limited
to, Unsolicitied Commercial Email (spamming) as defined within the CAN-SPAM
Act of 2003. In the event that your distribution of this eBook, Report,
and/or Software results in any spam complaint, you agree to indemnify
and hold harmless the author and/or publisher of the eBook or Report
and/or the programmer of the Software, and Joe e Clayton, Jr., and their
individual companies: Creative Software or Free Software Forever, and
IBSoftShops, as well as any Independent Licensee/Operator, individually
and collectively, for all expenses and damages associated with any such
spam complaint and further, you agree to pay liquidated damages in the
sum of $10,000 to each of them as a result of any such spam complaint.
Furthermore, if you shoul have any rights of resale or redistribution,
whether you are you are distributing this eBook, Report, and/or Software
in its original format, or a Branded version of this eBook, Report,
and/or Software, through any illegal methods whatsoever (including spam),
any license previously conveyed to you shall immediately terminate and
you must immediately destroy any and all copies of this eBook, Report,
and/or Software and you must also immediately terminate your resale
or redistribution of this eBook, Report, and/or Software.
The author and/or publisher
of the eBook or Report and/or the programmer of the Software, and Joe
e Clayton, Jr., and their individual companies: Creative Software or
Free Software Forever, and / or IBSoftShops, individually and collectively,
reserve the right to enforce this License to the fullest extent allowed
by law and, if you are found to be reselling or redistributing this
eBook, Report, and/or Software through any illegal methods whatsoever,
or without owning a proper license for such resale or redistribution,
they also individually and collectively, reserve the right to obtain
an injunction against you, if necessary, ordering you to cease and desist
any such resale or redistribution, and to bring an action against you,
either as an arbitration or in a court of law, for civil damages, punitive
damages, and liquidated dames in the amount of $1,000 per occurrence,
all within the terms of this License and any End User License that may
apply. Any third party Licensor reserves the right to take its
own action against you for violation of either this License or any End
User License that may apply to the eBook, Report, and/or Software.
IF THIS eBOOK, REPORT, AND/OR
SOFTWARE IS DISTRIBUTED WITH BRANDING RIGHTS: If
you obtained Branding Distribution Rights for this eBook, Report, and/or
Software, then you have the right to sell or giveaway an unlimited number
of copies of this eBook, Report, and/or Software to your prospects,
customers, website visitors, friends, family, etc. BUT ONLY from websites
and entities owned by YOU. Distribution via third-party sites such as
download.com, etc. is forbiddden.
Further, such Distribution
are to distribute this eBook, Report, and/or
Software in its original form ONLYor via the Branding of the original
installation program without altercation by any other means. Once
you have obtained Distribution Rights as governed by this License, there
may be a minimum price at which you may resell this eBook, Report, and/or
Software. Any such minimum price would be listed at the website
and is subject to change without notice. It is your responsibility
to determine whether any such minimum price exists and, if so, the amount
of the minimum price at the time that you resell a copy of this eBook,
Report, and/or Software. If you obtained a License with Distribution
Rights, then you have full right to reproduce this eBook, Report, and/or
Software on floppy disc, CD-ROM, or other removable medium as well as
to place a copy of this eBook, Report, and/or Software on the internet
on a site or sites OWNED and controlled by YOU for download, in order
to sell/distribute said eBook, Report, and/or Software. However, you
do so at your own risk. Neither the author or publisher of the eBook
or Report nor the programmer of the Software,nor Joe e Clayton, Jr.,
nor their individual companies: Creative Software or Free Software Forever,
nor IBSoftShops, nor any Independent Licensee/Operator of a website
distributing this eBook, Report, and/or Software, provides any warranty
whatsoever (including any warranty of merchantability or fitness for
a particular purpose) for for the resale of an eBook, Report, and/or
Software. In the event that you have obtained
a License with Distribution Rights, you are only allowed to distribute/resell
the eBook, Report and/or Software to which that License applies.
That License with Resale Rights does not grant to you the right t BRANDING
RIGHTS: If you obtained Branding Rights for
this eBook, Report, and/or Software, then such Rights may allow you
to customize this eBook, Report, and/or Software to include your own
name, telephone number, and/or email address, at a minimum, and may
also allow you to enter an affiliate id(s), member id(s), and/or referral
id(s) for various products and/or programs so that you may gain the
benefits of potentially earned commissions, all in accordance with the
Terms and Conditions as found at this website. Once you have been given
the right to download the Branding Tool which is governed by this License,
then you also have full rights to make any number of copies of your
Branded eBook, Report, and/or Software to redistribute or resell (depending
upon the type of License you have ) to your prospects, customers, website
visitors, friends, family, etc. These Branding Rights are limited to
the type of License you are Granted (a License with "Giveaway Rights"
in which case you may redistribute your branded copy but not resell
it, or a License with Distribution Rights, in which case you may resell
your branded copy in accordance with this License and the paragraph
pertaining to the License for Resale Rights).
No matter what license you
have as described herein, you are not granted any License other than
a License to use the branding tool for yourself or your company, and
then only once, and you are not allowed to redistribute or to resell
the branding tool in any way. If you have obtained Branding Rights,
then this license allows you to reproduce this eBook, Report, and/or
Software in its Branded Form and either redistribute it or resell it
through the Internet, on floppy disc, CD-ROM, or other removable medium.
However, you do so at your own risk. Neither the author or publisher
of the eBook or Report nor the programmer of the Software, nor Joe e
Clayton, Jr., nor their individual companies: Creative Software or Free
Software Forever, nor IBSoftShops, nor any Independent Licensee/Operator
of a website distributing this eBook, Report, and/or Software, provides
any warranty whatsoever (including any warranty of merchantability or
fitness for a particular purpose) for branding an eBook, Report, and/or
Software or for using a branded copy of an eBook, Report, and/or Software,
or for redistributing an eBook, Report, and/or Software. In
no event do you have the right to brand the eBook, Report, and/or Software
more than once, and even then, you may only do so with your own individual
or company information. Further, you may not use your Branding
Tool to make additional branded copies of an eBook, Report, and/or Software
for any other person or entity. You also do not have the right
to use the Branding Tool to brand any other eBook, Report, and/or Software,
other than the one for which it was intended. You also do not
have the right to sell the branding tool as described herein.
Further, other than to make the changes allowed
by the Branding Tool, you are not allowed to make any further changes
(including any additions or deletions), to the eBook, Report, and/or
Software.. In the event that you breach any
term of this License, you shall immediately forfeit any rights you may
have had under this License and your License shall immediately terminate.
Further, if you breach this term of this License, you shall be liable
for liquidated damages in the amount of $1,000 per copy of a branded
eBook, Report, and/or Software that you made using your Licensed Branding
Tool. Such liquidated damages shall be paid to the website owner or
Indepenent Licensee/Operator from which you downloaded such eBook, Report
and/or Software. However, the author and/or publisher and/or programmer,
individually and/or collectively, reserve the right to take any other
acti Clayton, Jr., or their individual companies: Creative Software
or Free Software Forever, or IBSoftShops, approve of or endorse any
other product included in such bundle. If you have obtained a
License to Bundle, then you must identify in your own Terms and Conditions
a well as on any website or in any advertising or sales literature advertising
this eBook, Report, and/or Software as part of a bundle, that neither
the author and/or publisher and/or programmer, nor Joe e Clayton, Jr.,
nor their individual companies: Creative Software or Free Software Forever,
nor IBSoftShops, nor the Independent Licensee/Operator of the website
from which you obtained this eBook, Report, and/or Software, have any
responsibility whatsoever for any other products in the bundle or package
that you may be offering. You hereby agree to indemnify and hold harmless
each of them from any actions that may be brought against any of them
as a result of your including this eBook, Report, and/or Software (whether
in its original form or in its branded form) in your bundle or package.
Furthermore, you must also
include the appropriate acknowledgement of any and all intellectual
property rights of any of them, including but not limited to, Copyrights,
Trademarks, Tradenames, and/or Patents or Provisional Patents, in your
website(s), your advertising copy, your Terms and Conditions, and any
other appropriate location.
Furthermore, if this eBook,
Report, and/or Software is subject to a Third Party End User License
Agreement, then you must also include appropriate acknowledgement of
any and all intellectual property rights of the Third Party, and the
fact that anyone obtaining the product in the bundle is also subject
to both this License Agreement as well as the Third Party End User License
Agreement. In the event that you breach this term of this License,
you shall immediately forfeit any rights you may have had under this
License and this License shall immediately terminate. Further,
in the event that you breach this term of this License, you shall be
liable for liquidated damages in the amount of $2,500 per copy of any
eBook, Report, and/or Software that you redistributed or resold in breach
of this License. Such liquidated damages shall be paid to the website
owner or Indepenent Licensee/Operator from which you downloaded such
eBook, Report and/or Software. However, the author and/or publisher
and/or programmer, individually and/or collectively, reserve the right
to take any other action they may choose to obtain any other equitable
or legal remedy available to them, including other forms of damages.
ADDITIONAL LICENSE RESTRICTIONS:
Whether you are distributing this eBook, Report,
and/or Software in its original format, or as an Branded Version, you
have no right to promote the product by any illegal or unethical methods,
including but not limited to, spam, UCE or any other unsolicited methods.
Neither the author or publisher
of the eBook or Report or the programmer of the Software, nor Joe e
Clayton, Jr., nor their individual companies: Creative Software or Free
Software Forever, nor IBSoftShops, nor any Independent Licensee/Operator
of a website, are responsible for any loss or damage suffered by you
or any third party as a result of the downloading of this eBook, Report,
and/or Software and/or the use of this eBook, Report, and/or Software
and/or any supporting files.
In no event will either
the author or publisher of the eBook or Report or the programmer of
the Software, or Joe e Clayton, Jr., or their individual companies:
Creative Software or Free Software Forever, or IBSoftShops, or any Independent
Licensee/Operator of a website, be liable for any direct, indirect,
incidental, consequential, or other loss or damage arising out of the
downloading, use, branding, redistribution, resale, or bundling of this
eBook, Report, and/or Licensee/Operator of a website, as permitted by
law.
All Trademarks, Tradenames,
Business Names, Logos, and website URLs contained within this eBook,
Report, and/or Software are copyrighted by their respective owners and
may not be reproduced, in whole or in part, unless used in brief quotations
and then, only if left intact, explicitly in the order location, and
manner in which they are used within this eBook, Report, and/or Software,
and with proper credit given to the appropriate party owning such Trademark,
Tradename, Business Name, Logo, or website URL.
You are specifically prohibitted
from obtaining any domain name for any purpose whatsoever, which may
be confusingly similar to, or contain any portion of the name of the
eBook, Report and/or Software, or the domain names for the website(s)
from which any of them may be downloaded, or the author or publisher,
or the programmer, or Joe e Clayton, Jr., or their individual companies:
Creative Software or Free Software Forever, or IBSoftShops, or the name
of any Independent Licensee/Operator of a website.
The author, publisher, or
programmer reserves the right to terminate any affiliate program that
may be associated with the sale of this eBook, Report, and/or Software,
and any associated website(s) at any time, without warning, and none
are responsible for any results forthcoming from said termination. Furthermore,
the author, publisher, or programmer extends no warranty of results
either expressed or implied from the usage of this eBook, Report, and/or
Software. This eBook, Report, and/or Software is provided for
informational purposes only and is not intended to provide any advice
on a particular subject. It is your responsibility to perform
your own due diligence to verify the contents of said eBook, Report,
and/or Software before implementing any suggestions, solutions or remedies
suggested therein.
Any earnings or income statements,
or earnings or income examples, whether contained on the website(s)
or within this eBook, Report, and/or Software are only estimates of
what anyone thinks you could earn. There is no assurance you will do
as well. If you rely upon any hypothetical figures, you must accept
the risk of not doing as well. Any and all claims or representations
as to income earnings contained on the website(s) or within this eBook,
Report, and/or Software or on any sites contained therein, are for illustration
purposes only and are not to be considered as average earnings. There
can be no assurance that any prior successes or past results as to income
earnings, can be used as an indication of your future success or results.
The amount of time and effort that you spend marketing and promoting
this opportunity will directly correlate with your income result. For
further information, see the Earnings Disclaimer contained on the website
from which you obtained this eBook, Report, and/or Software.
Anyone violating this License
or its terms will forfeit his/her right to continue marketing this eBook,
Report, and/or Software, should any such rights exist, both in their
original state and in their branded state. Further, if any such person
or entity shall have had Resale Rights, any such Resale Rights shall
be immediately forfeited without refund and any such person or entity
shall immediately forfeit his/her/its right to continue marketing this
eBook, Report, and/or Software. In the event that this eBook, Report,
and/or Software is protected by password, and you violate this License
or its terms, then any password shall immediately be disabled, and you
will no longer receive updates or entry to download or use the eBook,
Report, and/or Software, including any copies that you may have already
distributed.
The laws of Arbitration
Association. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.
In no case shall you have
the right to go to court or have a jury trial. You will not have the
right to engage in pre-trial discovery except as provided in the rules;
you will not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with limited rights
of appeal.
Any cause of action or claim
you may have with respect to the website, the products, the Services,
the eBook(s), the Reports, or the Software must be commenced within
ninety (90) days after the claim or cause of action arises or such claim
or cause of action is barred. Any failure to insist upon or enforce
strict performance of any provision of this License shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this License. Either Joe e Clayton, Jr.,
or their individual companies: Creative Software or Free Software Forever,
or IBSoftShops, or any Independent Licensee/Operator of a website,
may assign his/her/its rights and duties under
this License to any party at any time without notice to you. Use of
headings in this document is for convenience only and does not identify
legal boundaries or terms explicitly.
Joe e Clayton, Jr., or their
individual companies: Creative Software or Free Software Forever, or
IBSoftShops, may modify this License, and the
agreement this creates, at any time, simply by updating this posting
and without notice to you. This License represents the ENTIRE agreement
regarding all the matters that have been discussed herein.
© Copyright 2005 by Gina
Gaudio-Graves, Esq. and The Abundance Group, LLC and licensed for use
by Joe E. Clayton, Jr., Creative Software, and Free Software Forever.
All Rights Reserved. No portion of this License Agreement may
be copied or used by anyone other than the Licensee without the express
written permission of Gina Gaudio-Graves, Esq. and The Abundance Group,
LLC.
PRIVACY POLICY
Definitions
THE DEFINITIONS WHICH FOLLOW ARE MEANT ONLY FOR CONVENIENCE
FOR THIS PRIVACY POLICY. OTHER DEFINITIONS MAY BE CONTAINED WITHIN OTHER
APPLICABLE LEGAL AGREEMENTS LOCATED ON THE WEBSITE(S) INCLUDING ANY
LICENSE THAT MAY APPLY TO SPECIFIC PRODUCTS, REPORTS, OR SOFTWARE, ANY
AFFILIATE OR INDEPENDENT LICENSEE/PARTNER AGREEMENT, ANY DISCLAIMER,
AND ANY TERMS AND CONDITIONS (OF USE), OF THE SITES ALL OF WHICH ARE
HEREBY INCORPORATED BY REFERENCE AS IF THEY WERE FULLY SET FORTH HEREIN.
THIS PRIVACY POLICY AND THE LEGAL DOCUMENTS LOCATED ON THE WEBSITE(S)
ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE DIRECTED TO REGULARLY
CHECK THE WEBSITE(S) FOR THE MOST CURRENT VERSION OF THESE DOCUMENTS
AND YOU ARE RESPONSIBLE FOR CONFORMING YOUR ACTIONS TO THE MOST CURRENT
VERSION OF THESE DOCUMENTS.
"We", "Us", and "Our" refers
to Joe e. Clayton, Jr., Gina Gaudio-Graves, Attorney at Law, and their
indidivudal companies, Creative Software, Free Software Forever, and
The Abundance Group, LLC. The term also refers to the authors, publishers,
and programmers of any eBooks, Reports, and/or Software contained on
the Magnibar website(s) and the IBSoftshops website(s) as well as to
the Independent Licensee/Operators of any website(s) from which these
eBooks, Reports, and/or Software may be sold. The terms "We"
refers to each of these individually as well as collectively.
"Our"
on any of The Website(s), or contained in any eBooks, Reports, or Software,
provided through the websites mentioned above.
"The Information" refers to the content of the
website(s), as well as the content of the eBooks, Rreports, Software,
or newsletters published by Us on or through the website(s) or in any
eBooks, Reports, or Software provided through the website(s), that suggests,
states, implies, or discusses, in any way, the earning of commissions,
monies, or credits through any means or strategies.
______________________________
We own and/or operate websites, an Independent Licensee/Operator
Program, and an exclusive (by invitation only) Affiliate Program through
The Websites. and also publishes various eBooks (hereinafter collectively
referred to as the "Sites"). "You" refers to the
person using The Websites, The Materials, and/or The Information. We
strive to offer You the many advantages of Internet technology and to
provide an interactive and personalized experience.
We may use "Personally Identifiable Information"
(name, e-mail address, street address, telephone number, IP address,
financial information, social security number and/or other form of tax
identification number, and other information) subject to the terms of
this Privacy Policy. We will never sell, barter, or rent your email
address to any unauthorized third party. We employ specific security
measures when storing, retrieving, or accessing any form of financial
information and/or (from Independent Licensees/Operators and/or exclusive
Affiliates) social security numbers and/or other form of tax identification
numbers.
How We Gather Information From Users
How we collect and store information depends on the page you are visiting,
the activities in which you elect to participate and the services provided.
For example, you may be asked to provide information when you register
for access to certain portions of our site or request certain features,
such as newsletters or when you make a purchase. You may provide information
when you participate in any of Our programs, on or by The Websites and
other interactive areas of The Websites. Like most websites, we also
collect information automatically and through the use of electronic
tools that may be transparent to You. For example, we may log the name
of your Internet Service Provider or your IP address, or use information
available through the Internet, cookie technology, other forms of technology,
and technologies yet to be conceived and/or implemented, to recognize
You and hold information from your visit. (To learn more about "IP
addresses" or "cookies", find information by use of an
Internet search engine.) As we adopt additional technology, We may also
gather additional types and categories of information about You and
Your use of The Websites, its Programs, Your use of the the Internet,
and/or Your implied topics of interest, usage, or research, and do this
through other means.
In certain instances, you can choose not to provide us
with information, but, if you do, you may be unable to access certain
portions of the site and might not be able to download certain eBooks,
Reports, Software, and/or other Products, or we may not be able to customize
the site's features according to your preferences, or you may not be
able to become a Participant in some or all of the programs offered
at The Websites. Furthermore, in some instances (as detailed in the
Terms and Conditions as well as in the paragraph below entitled "Taxpayer
Identification Number") if you fail to provide ways. For example,
we may combine information about your usage patterns with similar information
obtained from other users to help enhance The Websites and the services
offered therein (e.g., to learn which pages are visited most or what
features are most attractive). Aggregate Information may occasionally
be shared with Our subsidiaries, Our advertisers, Our business partners,
or the general public. Again, this information does not include any
Personally Identifiable Information about You or that would allow anyone
to identify You individually. Additionally, periodic transmission of
the aggregate information may occur to affect, enable, or enhance other
products, programs and services that We may offer.
We may use Personally Identifiable Information collected
by and/or retained on The Websites or through any of Our Independent
Licensees/Operators websites, or through any of Our Affiliates' links,
to communicate with You about your purchases, registration and customization
preferences; our Terms and Conditions (aka License/Terms and Conditions
(of Use)/Terms of Service), this Privacy Policy, or any other legal
documents contained on The Websites or any other legal documents which
pertain to your participation; services and products offered, now or
in the future, by Us, or any other topics we think you might find of
interest. Any such communication may be in the form of email or
by telephone or any other means suitable to the type of communication,
including any new information delivery technologies that might become
available.
Personally Identifiable Information collected by and/or
retained on or through The Websites or through any of our Independent
Licensee/Operator's sites, or through any of Our Affiliates' links,
may also be used for other purposes, including but not limited to site
administration, troubleshooting, processing of e-commerce transactions,
administration of sweepstakes and contests, and other communications
with You. Certain third parties who provide technical support for the
operation of The Websites (our Web hosting service or server rental
company, for example), in general, may have indirect access to such
information. We will use your information only as permitted by law.
In addition, from time to time, as we continue to develop our business,
we may sell, buy, merge or partner with other companies or businesses.
In such transactions, Your personally identiviable information may be
among the transferred assets. We may also disclose your information
in response to a court order, at other times when we believe we are
reasonably required to do so by law, in connection with the collection
of amounts you may owe to us, and/or to law enforcement authorities
whenever we deem it appropriate or necessary. Please note we may not
provide you with notice prior to, or after, disclosure in such cases.
Occasionally We are approached by companies and professional
associations seeking to inform our Users, Partners, Independent Licensees/Operators,
Licensees, Purchasers, and/or Affiliates, about products or services
that may be of interest to them. We review these requests and when,
in our judgment, we think the information would be of benefit to You,
we may cooperate in getting You this information. We view receiving
such information as a benefit for those who are seeking new tools to
help them run their online business. In such cases, we would provide
you with this information directly, rather than provide your Personally
Identifiable Information to the outside companies and professional associations.
We may initiate the communication of any information or advertising
for Our direct or indirect financial gain and it is done so without
any compensation due to You or any other recipient of the information.
Financial Information
We may use third party merchant payment verification and
processing companies to obtain payment and approvals and to bill You
for The Materials, the Information, and/or other Products merchant transaction
or other payment providers and such information during the post sale
transaction of data and the data communication between their computer(s)
and our computer(s) may or may not not be encrypted or protected with
SSL or any other form of encryption software, in some cases.
The actual account access credentials information is not
supplied to Us, but is available only for purposes of processing and
completing the purchase transaction. The account and/or credentialization
information is only disclosed to specific third parties as necessary
to complete the purchase transaction, or during the process of financing
the transaction. Additionally, notifications delivered in the form of
email to Us will be delivered unencrypted and clearly readable in standard
character sets defined by or within the geography of delivery or by
or within the receiving computers configuration. During the entire process
of placing and paying for an order, there may be several steps in the
process where data is transmitted unencrypted and this is variable between
Users partly based on the configuration of web browser technology or
by any other means they access The Websites, or by the payment method
and/or payment or merchant transaction processor chosen or available
at the time of purchase, or by any third party provider used by the
merchant transaction or associated payment processor, all of which is
beyond Our control. Your payment processor ids, payment processor transaction
identifiers, dates and times of transactions, contractual obligations
or details specific to the transactions, checksums, electronic forms
of signature, and any other useful information for identifying or explaining
or replicating the transaction may be stored temporarily or permanently
on The Websites.
Requesting Your Personally Identifiable Information and/or
Financial Information
Upon written request we may provide You with access to information that
we maintain about You including, but not limited to, financial information
(e.g., payment processor and/or merchant account information), unique
identifier information (e.g., customer number or password), transaction
information (e.g., dates on which You made purchases, amounts and
types of purchases), participation history (e.g. dates on which you
subscribed to lists at The Websites), and/or contact information (e.g.,
name, address, phone number). Upon request, we offer You the ability
to have inaccuracies corrected in contact information, financial information,
and/or transaction information as further detailed in the Affiliate
Program.
Affiliated Sites, Linked Sites and Advertisements
We expect Our Independent Licensees/Operators, partners,
associates, advertisers, and/or Affiliates to respect Your privacy.
Be aware, however, that third parties (including, but not limited to,
Our Independent Licensees/Operators, partners, associates, advertisers,
and/or Affiliates to respect, Ou affiliated companies, personnel, consultants,
and advisors, other content providers, or other advertising services)
(collectively referred to as "Promotional Partners") whose
websites may be accessible through The Websites, may have their own
privacy and data collection policies and practices. For example, during
your visit to The Websites, or websites that The Websites link to, you
may link to or view, certain content that is actually owned, created,
hosted by a third party, or hosted or advertised by another service,
or websites far removed from and unrelated to the Websites. Also, through
The Websites, The Materials, or The Information, you may intentionally
or unintentionally be introduced to, or be able to access, information,
other websites, programs, products, services, features, contests or
sweepstakes offered by other parties. We are not responsible for the
actions or policies of such third parties. You should check the applicable
privacy policies of each of those third parties when providing information
on any activities are beyond the Our control and this Policy.
Taxpayer Identification Number (Independent Licensees/Operators
and Affiliates Only)
Individuals or entities who register as Affiliates or
purchase Independent Licensee/Operator licenses (hereinafter "Payees")
AND who are due any monies from their participation in the Our Affiliate
Program, must provide their Taxpayer Identification Number (either their
social security number or employer identification number if a United
States citizen or resident, or other form of identification provided
by their country of origin or residence) to Us. We cannot make any payments
to said Payee until the Payee submits their appropriate Taxpayer Identification
Number and supporting Identification to Us (as required by the Affiliate
Agreement of The Websites).
Furthermore, We may not pay any monies to any United States
resident or citizen that would cause such Payee's cumulative earnings
to meet or exceed $600 during a calendar year, until that Payee submits
an original, signed copy of IRS form W-9 as per instructions contained
in The Websites' Terms and Conditions and/or Affiliate Agreement. We
are required to collect this information from each Payee in order to
report each Payee's earnings to the U.S. Internal Revenue Service, (and/or
to the taxing authorities of any nation, state, or political subdivision
whose laws or regulations we are obligated to respect), and to issue
IRS form 1099-MISC to the Payee and to the IRS. (To read more about
the IRS Regulations that govern our operation, click here.)
If you are neither a citizen nor a resident of the United
States, You do not need to provide a U.S. taxpayer identification number,
but in this case we are required to withhold a portion of any monies
that may be due to You and remit them to the IRS. (You are still required
to provide us with Personal Identification as required in The Websites'
Independent Licensee/Operator Agreement, Terms and Conditions, and/or
Affiliate Agreement.) For more information on withholdings for foreign
persons or entities, click here. (You must apply to the IRS for a refund
of this money if you do not owe any United States income taxes or are
not subject to any laws pertaining to United States income taxes.) You
should not be asked for (and You should never provide) your taxpayer
identification number, unless You are applying for a Program that entitles
you to earn monies.
Children
We have designed this Policy to comply with the Children's Online Privacy
Protection Act ("COPPA"). We do not knowingly collect or solicit
Personally Identifiable Information from or about children under the
age of 13 except as required by law. If we discover we have received
any information from a child under the age of 13 in violation of this
policy, we will delete that information immediately. If you believe
We have any information from or about anyone under the age of 13, please
contact us at the address listed below.
User Emails or Testimonials
If you are an Independent Licensees/Operators, customer/licensee,
partner, associate, and/or Affiliates and send an email to The Websites,
to Us, or if you communicate with Us by phone or mail or other means,
the party you are communicating with collects information about your
communication. By communicating with any of them, you give your permission
to collect, archive, retrieve, and otherwise use any information collected
as We see fit.
Any communication by You to Us which, in our sole discretion,
we deem to be a testimonial, may be publicized for commercial purposes.
Legal Disclaimer
We use reasonable precautions to keep the information
disclosed to Us secure. We will use your information only as permitted
by law. Though we make every effort to preserve user privacy, we may
need to disclose Personal Identifiable Please note we may not provide
you with notice prior to, or after, disclosure in such cases.
We do not endorse, nor are We responsible for the accuracy
of the privacy policies and/or terms and conditions and/or terms of
use/service of each or any of Our advertisers or other Promotional Partners.
The entities which advertise and/or place ads within or on The Websites,
are independent third parties and are not affiliated with either Us
(except, in the case of those sites identified as being an Independent
Licensee/Operator, Partner, Affiliate, or Reseller, which sites are
Independent Contractors and are neither owned nor operated by Us, unless
otherwise stated on such site). Furthermore, We are not responsible
for any breach of security, misuse of information, or for any other
actions of any third parties that may receive the information.
Contacting Us
We can be reached by contacting:
Joe e. Clayton, Jr.
Free Software Forever
890 Liskeard Ave.
Orange City, FL
Phone: (386)775-9305
Fax: (386)775-0117
Email: FreeSoftwarewizard (at) Yahoo.com
Changes to This Policy
We reserve the right to change this policy at any time.
Please check this page and The Websites periodically for changes. Your
continued use of The Websites, The Materials, and The Information following
the posting of changes to this Privacy Policy will mean You accept those
changes. Information collected prior to the time any change is posted
will be used according to the rules and laws that applied at the time
the information was collected.
Your Acceptance of These Terms
By agreeing to receive information from Us, by licensing,
purchasing, or downloading any of Our eBooks, Reports, Software, Products,
and/or Services, or by participating in Our Affiliate Program, you agree
to this Privacy Policy. We reserve the right, at our discretion, to
change, modify, add, or remove portions of this policy at any time.
All Privacy Policy changes will take effect immediately upon their posting
on The Websites. Please check this page periodically for changes. Your
continued use of The Website or acceptance of any email from Us following
the posting of changes to these terms will mean that you accept these
changes.
Governing Law
The laws of the State of Florida, Volusia County, United
States shall apply to any claim or dispute under this Privacy Policy.
You agree that any legal action or proceeding that arises under this
Privacy Policy or the parties' obligations hereunder for any purpose
concerning this Privacy Policy or the parties' obligations hereunder,
will first attempted to be resolved with the help of a mutually agreed-upon
online mediator. Any costs and fees (other than attorney fees) associated
with the mediation will be shared equally by the parties.
If it proves impossible to arrive at a mutually satisfactory
solution through online mediation, you agree that the dispute will be
submitted to binding arbitration either online or in Volusia County,
State of Florida, United States, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial.
You will not have the right to engage in pre-trial discovery except
as provided in the rules; you will not have the right to participate
as a representative or member of any class of claimants pertaining to
any claim subject to arbitration; the arbitrator's decision will be
final and binding with limited rights of appeal.
Any cause of action or claim you may have with respect to this Privacy
Policy, The Website(s), or The Materials must be commenced within ninety
(90) days after the claim or cause of action arises or such claim or
cause of action is barred. Any
Definitions
THE DEFINITIONS WHICH FOLLOW
ARE MEANT ONLY FOR CONVENIENCE. FOR A COMPLETE LIST OF DEFINITIONS,
REFERENCE IS MADE TO THE OTHER APPLICABLE LEGAL AGREEMENTS LOCATED ON
THE WEBSITE(S) INCLUDING ANY LICENSE THAT MAY APPLY TO SPECIFIC PRODUCTS,
REPORTS, OR SOFTWARE, ANY PRIVACY STATEMENT, ANY AFFILIATE OR INDEPENDENT
LICENSEE/PARTNER AGREEMENT, ANY DISCLAIMER, AND ANY TERMS AND CONDITIONS
(OF USE), OF THE SITES WHICH ARE HEREBY INCORPORATED BY REFERENCE AS
IF THEY WERE FULLY SET FORTH HEREIN. THE LEGAL DOCUMENTS LOCATED ON
THE WEBSITE(S) ARE SUBJECT TO CHANGE WITHOUT NOTICE, AS MAY THIS INCOME/EARNINGS
DISCLAIMER. YOU ARE DIRECTED TO REGULARLY CHECK THE WEBSITE(S) FOR THE
MOST CURRENT VERSION OF THESE DOCUMENTS AND YOU ARE RESPONSIBLE FOR
CONFORMING YOUR ACTIONS TO THE MOST CURRENT VERSION OF THESE DOCUMENTS.
"We",
"Us", and "Our" refers
to Joe e. Clayton, Jr., Gina Gaudio-Graves, Esq. and their indidivudal
companies, Creative Software, Free Software Forever, and The Abundance
Group, LLC. The term also refers to the authors, publishers, and
programmers of any eBooks, Reports, and/or Software contained on the
Magnibar and IBsoftshops website(s) as well as to the Independent Licensee/Operators
of any website(s) from which these eBooks, Reports, and/or Software
may be sold. The terms "We" refers to each of these individually
as well as collectively.
"The Website(s)"
refers to the magnibar.com website(s), the IBSoftshops website(s), the
AbundantAudio website(s), as well as to the website(s) of any Independent
Licensee(s)/Operator(s) through which the applicable eBooks, Reports,
and/or Software are available, as well as to the specific content, information,
suggestions, ideas, or techniques provided on The Website(s).
"The Materials" refers
to any eBooks, Reports, Software, or other information, content, suggestions,
ideas, or techniques, from or through The Website(s).
"You"
refers to any Member, Purchaser. Licensee, Affiliate, or other individual
or entity who has any interest in or who is currently, licensing, purchasing,
joining, participating in, responding to, following, or adhering to
any program, strategy, or information owned, operated, licensed, provided,
and/or offered by those indivudals and entities described as "We", "Us",
and "Our" on any of said website(s), or contained in any eBooks, Reports,
or Software, provided through the websites mentioned above.
"The
Information" refers to the content of the website(s),
as well as the content of the eBooks, Rreports, Software, or newsletters
published by Us on or through the website(s) or in any eBooks, Reports,
or Software provided through the website(s), that suggests, states,
implies, or discusses, in any way, the earning of commissions, monies,
or credits through any means or strategies.
Disclaimer
We do not make any implications,
warranties, promises, suggestions, or guarantees whatsoever, in any
manner of speaking, in whole or in part, that by purchasing, licensing,
joining, participating in, responding to, following, or adhering to
the information contained in or on The Website(s) or in any of The Materials,
that You will earn any money whatsoever (or whatever the content in
question may appear to imply).
The testimonials and examples
used are exceptional results, don't apply to the average person and
are not intended to represent or guarantee that anyone will achieve
the same or similar results, or any results whatsoever. Where specific
income or earnings figures are used and attributed to a specific individual
or business, that individual or business has earned that amount. There
is no assurance that You will do as well using the same information,
content, or strategies. If You rely on the specific income or earnings
figures used, You must accept the risk of not doing as well as well
as the risk of earning nothing at all.
Your success in using the
information or strategies, or participation in any Partner Program,
Independent Licensee/Operator Program, or any Affiliate Program that
might be available through Us, depends on a variety of factors. We have
no way of knowing how well You will do, as we do not know You, Your
background, Your work ethic, Your dedication, Your motivation, Your
desire, or Your business skills or practices. Therefore, We do not guarantee
or imply that You will get rich, that You will do as well, or that You
will have any earnings, at all.
Internet businesses and
earnings derived therefrom, involve unknown risks and are not suitable
for everyone. You may not rely on any information, content, or strategies
presented on the website(s) or any information, content or strategies
presented in the applicable eBooks, Reports and/or Software, unless
You do so with the knowledge and understanding that You can experience
significant losses (including, but not limited to, the loss of any monies
paid to license any of The Materials, or any webiste(s) whatsoever,
and/or any monies spent setting up, operating, and/or marketing such
website(s) and/or The Materials, and/or any fees required by law or
by merchants to license, start, set up, or operate such website(s) or
autoresponder(s) from which you distribute any licensed copy of The
Materials, and/or any other monies expended at all with regard to such
website(s) and/or The Materials, and/or any monies spent for any purpose
whatsoever in relation to, or on account of, The Materials, and/or any
such website(s), and further, that You may have no earnings at all.
MATERIALS CONTAINED ON THE
WEBSITE(S) OR IN THE MATERIALS MAY CONTAIN INFORMATION THAT INCLUDES
OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE
SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS
GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY
THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL
OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT,"
"PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF
SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS
OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING
STATEMENTS HERE OR ON THE WEBSITE(S), OR IN THE MATERIALS, ARE INTENDED
TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT
IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU
WILL ACHIEVE RESULTS SIMILAR TO OURS, OUR ESTIMATES, OR THE RESULTS
OF ANYBODY ELSE. IN FACT NO GUARANTEES ARE MADE THAT YOU WILL
ACHIEVE ANY RESULTS FROM THE INFORMATION, CONTENT, SUGGESTIONS, IDEAS
AND/OR TECHNIQUES AVAILABLE ON THE licensed professionals. Nothing contained
on The Website(s) or in The Materials is intended to provide legal advice
or services in any way and is provided only for informational purposes.
You should consult with Your own attorney on any legal questions You
may have.
We assume no responsibility
whatsoever for any losses or damages resulting from Your use of The
Website(s), The Materials, or any link, information, or opportunity
contained within The Website(s) or The Materials, or within any other
information disclosed Us in any form whatsoever.
The laws of the State of
Florida, Volusia County, United States shall apply to any claim or dispute
under this Disclaimer. You agree that
any legal action or proceeding that arises under this Disclaimer or
the parties' obligations hereunder for any purpose concerning this Disclaimer
or the parties' obligations hereunder, will first attempted to be resolved
with the help of a mutually agreed-upon online mediator. Any costs and
fees (other than attorney fees) associated with the mediation will be
shared equally by the parties.
If it proves impossible
to arrive at a mutually satisfactory solution through online mediation,
you agree that the dispute will be submitted to binding arbitration
either online or in Volusia County, State of Florida, United States,
under the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
In no case shall you have
the right to go to court or have a jury trial. You will not have the
right to engage in pre-trial discovery except as provided in the rules;
you will not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with limited rights
of appeal.
Any cause of action or claim
you may have with respect to this Disclaimer, The Website(s), or The
Materials must be commenced within ninety (90) days after the claim
or cause of action arises or such claim or cause of action is barred.
Any failure to insist upon or enforce strict performance of any provision
of this Disclaimer shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Disclaimer. Any of
Us may assign Our individual and/or collective rights and duties under
this Disclaimer to any party at any time without notice to you. Use
of headings in this document is for convenience only and does not identify
legal boundaries or terms explicitly.
Please note that We may
change the content of The Website(s), The Materials, and this Income/Earnings
Disclaimer (and the agreement this creates)
without prior notice given to you simply by
posting a revised copy of this Disclaimer on The Website(s). You
are directed to The Website(s) to obtain the most current version of
this document. This Disclaimer represents
the ENTIRE agreement between Us and You regarding all the matters that
have been discussed herein.
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