Please read
and abide by the terms and conditions of WebProfitPlans.com / MemberSpeed
Inc. as set forth in this agreement. You must agree to these terms and
conditions prior to joining WebProfitPlans.com / MemberSpeed Inc.
WEBSITE
SERVICE AGREEMENT/TERMS OF USE
The services
that WebProfitPlans.com / MemberSpeed Inc. provide to Member are subject to
the following Terms of Use ("TOU" or “Agreement”). WebProfitPlans.com /
MemberSpeed Inc. require that all persons or entities visiting this Website
and those that become a Member agree to the TOU. Please read the TOU
carefully before continuing on with your use of this Website or becoming a
Member of the Website. The TOU shall govern the use of the Website and apply
to all Internet traffic visiting the Website.
1. ACCEPTANCE
OF TERMS AND BINDING EFFECT
THIS IS A BINDING
AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE (COLLECTIVELY, INCLUDING
ALL CONTENT AVAILABLE THROUGH THE WebProfitPlans.com / MemberSpeed Inc.
DOMAIN NAME, THE “WEBSITE”), YOU (“Member,” “YOU” OR “YOUR”) SIGNIFY YOUR
ASSENT TO THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS
PUBLISHED HERE AND LICENSES OBTAINED FROM
THE UTILIZATION OF THE WEBSITE’S SERVICES AND WHICH ARE INCORPORATED HEREIN
BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY.
IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE,
YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES AND
THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE
AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS
AGREEMENT.
A. WebProfitPlans.com
/ MemberSpeed Inc. reserve the right to update the TOU at any time without
notice to Member.
B. The right to use
WebProfitPlans.com / MemberSpeed Inc. is personal to Member and is not
transferable to any other person or entity. Member is responsible for all
use of Member's Account (under any screen name or password) and for ensuring
that all use of Member's Account complies fully with the provisions of this
Agreement. Member shall be responsible for protecting the confidentiality of
Member's password(s), if any.
C. WebProfitPlans.com
/ MemberSpeed Inc. shall have the right at any time to change or discontinue
any aspect or feature of WebProfitPlans.com / MemberSpeed Inc., including,
but not limited to, content, hours of availability, and equipment needed for
access or use.
2. CHANGED
TERMS
The most current
version of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located or published at the bottom of our Web
pages. WebProfitPlans.com / MemberSpeed Inc. shall have the right at any
time to change or modify the terms and conditions applicable to Member's use
of WebProfitPlans.com / MemberSpeed Inc., or any part thereof, or to impose
new conditions, including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but
not limited to, posting on WebProfitPlans.com / MemberSpeed Inc., or by
electronic or conventional mail, or by any other means by which Member
obtains notice thereof. Any use of WebProfitPlans.com / MemberSpeed Inc. by
Member after such notice shall be deemed to constitute acceptance by Member
of such changes, modifications or additions.
3. DESCRIPTION
OF SERVICES
Through the Website
and its Web property, WebProfitPlans.com / MemberSpeed Inc. provides Member
with access to a variety of resources, including download areas, software,
communication forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU, the privacy
policy and licenses.
4. EQUIPMENT
Member shall be
responsible for obtaining and maintaining all telephone, computer hardware,
software and other equipment needed for access to and use of
WebProfitPlans.com / MemberSpeed Inc. and all charges related thereto.
5. MEMBER
CONDUCT AND PROHIBITIONS
A. Member shall use
WebProfitPlans.com / MemberSpeed Inc. for lawful purposes only. Member shall
not post or transmit through WebProfitPlans.com / MemberSpeed Inc. any
material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law, or which,
without WebProfitPlans.com / MemberSpeed Inc. express prior approval,
contains advertising or any solicitation with respect to products or
services. Any conduct by Member that in WebProfitPlans.com / MemberSpeed
Inc. discretion restricts or inhibits any other Member from using or
enjoying WebProfitPlans.com / MemberSpeed Inc. will not be permitted. Member
shall not use WebProfitPlans.com / MemberSpeed Inc. to advertise or perform
any commercial solicitation, including, but not limited to, the solicitation
of Members to become subscribers of other on-line information services
competitive with WebProfitPlans.com / MemberSpeed Inc..
B. WebProfitPlans.com
/ MemberSpeed Inc. contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of
WebProfitPlans.com / MemberSpeed Inc. are copyrighted as a collective work
under the United States copyright laws. WebProfitPlans.com / MemberSpeed
Inc. owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it.
Member may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the content, in
whole or in part. Member may download copyrighted material for Member's
personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of WebProfitPlans.com / MemberSpeed Inc. and the copyright owner.
In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. Member acknowledges that
it does not acquire any ownership rights by downloading copyrighted
material.
C. Member shall not
upload, post or otherwise make available on WebProfitPlans.com / MemberSpeed
Inc. any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with Member. Member shall be
solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of WebProfitPlans.com / MemberSpeed
Inc., Member automatically grants, or warrants that the owner of such
material has expressly granted WebProfitPlans.com / MemberSpeed Inc. the
royalty-free, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate and distribute such
material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for
the full term of any copyright that may exist in such material. Member also
permits any other Member to access, view, store, or reproduce the material
for that Member's personal use. Member hereby grants WebProfitPlans.com /
MemberSpeed Inc. the right to edit, copy, publish and distribute any
material made available on WebProfitPlans.com / MemberSpeed Inc. by Member.
D. The foregoing
provisions of Section 5 are for the benefit of WebProfitPlans.com /
MemberSpeed Inc., its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. USE OF
SERVICES AND PROHIBITIONS
A. The Services may
contain email services, bulletin board services, blog services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities
designed to enable Member to communicate with others (each a "Communication
Service" and collectively "Communication Services"). Member agrees to use
the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, Member
agrees that when using the Communication Services, Member will not:
• Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material or
information;
• Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless Member own or
control the rights thereto or have received all necessary consent to do the
same;
• Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right of
any party;
• Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another;
• Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such
messages;
• Download any file posted by another Member of a Communication Service that
Member know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner;
• Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded;
• Restrict or inhibit any other Member from using and enjoying the
Communication Services;
• Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service;
• Harvest or otherwise collect information about others, including email
addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of misleading others;
• Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of Members of the Services or other Member
or usage information or any portion thereof.
B. WebProfitPlans.com
/ MemberSpeed Inc. has no obligation to monitor the Communication Services.
However, WebProfitPlans.com / MemberSpeed Inc. reserves the right to review
materials posted to the Communication Services and to remove any materials
in its sole discretion. WebProfitPlans.com / MemberSpeed Inc. reserves the
right to terminate Member’s access to any or all of the Communication
Services at any time, without notice, for any reason
whatsoever. WebProfitPlans.com / MemberSpeed Inc. reserves the right at all
times to disclose any information as it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole or
in part, in WebProfitPlans.com / MemberSpeed Inc. sole discretion.
C. Materials uploaded
to the Communication Services may be subject to posted limitations on usage,
reproduction and/or dissemination; Member is responsible for adhering to
such limitations if Member downloads the materials.
D. Always use caution
when giving out any personally identifiable information in any Communication
Services. WebProfitPlans.com / MemberSpeed Inc. does not control or endorse
the content, messages or information found in any Communication Services
and, therefore, WebProfitPlans.com / MemberSpeed Inc. specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from Member’s participation in any Communication Services.
Managers and hosts are not authorized WebProfitPlans.com / MemberSpeed Inc.
spokespersons, and their views do not necessarily reflect those of
WebProfitPlans.com / MemberSpeed Inc..
7. MEMBER
ACCOUNT, PASSWORD, AND SECURITY
If any of the Services
requires Member to open an account, Member must complete the registration
process by providing WebProfitPlans.com / MemberSpeed Inc. with current,
complete and accurate information as prompted by the applicable registration
form as well as agree to all terms the Services. Member also will choose a
password and a Member name. Member is entirely responsible for maintaining
the confidentiality of Member’s password and account. Furthermore, Member is
entirely responsible for any and all activities that occur under Member’s
account. Member agrees to notify WebProfitPlans.com / MemberSpeed Inc.
immediately of any unauthorized use of Member’s account or any other breach
of security. WebProfitPlans.com / MemberSpeed Inc. will not be liable for
any loss that Member may incur as a result of someone else using Member’s
password or account, either with or without Member’s knowledge. However,
Member could be held liable for losses incurred by WebProfitPlans.com /
MemberSpeed Inc. or another party due to someone else using Member’s account
or password. Member may not use anyone else's account at any time, without
the permission of the account holder.
8. NOTICE
SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that
is made available to download from the Services ("Software") is the
copyrighted work of WebProfitPlans.com / MemberSpeed Inc. and/or its
suppliers. Use of the Software is governed by the TOU or any accompanying
license agreement.
B. The Software is
made available for download solely for use or personal use by end Members
according to the TOU or any accompanying license agreement. Any
reproduction or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. The Software is made available for download
solely for use or personal use by end Members according to the accompanying
license agreement. Violators will have their licenses, provided with each
product download, revoked if they do not follow these terms and will be
prosecuted to the maximum extent possible.
C. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WebProfitPlans.com
/ MemberSpeed Inc.. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
D. FOR YOUR
CONVENIENCE, WebProfitPlans.com / MemberSpeed Inc. MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. WebProfitPlans.com / MemberSpeed Inc. DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SERVICES.
9. NOTICE
SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
A. Permission to use
Documents (such as white papers, press releases, datasheets and FAQs) from
the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied
or posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
B. WebProfitPlans.com
/ MemberSpeed Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. WebProfitPlans.com / MemberSpeed Inc. AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WebProfitPlans.com /
MemberSpeed Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
C. THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. WebProfitPlans.com / MemberSpeed Inc. AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT
SHALL WebProfitPlans.com / MemberSpeed Inc. AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS
PROVIDED TO WebProfitPlans.com / MemberSpeed Inc. OR POSTED AT ANY OF ITS
WEBSITES
A. WebProfitPlans.com
/ MemberSpeed Inc. do not claim ownership of the materials Member provide to
WebProfitPlans.com / MemberSpeed Inc.. (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated services
for review by the general public, or by the Members of any public or private
community, (each a "Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting") Member’s
Submission Member is granting WebProfitPlans.com / MemberSpeed Inc., its
affiliated companies and necessary sublicensees permission to use Member’s
Submission in connection with the operation of their Internet businesses
(including, without limitation, all WebProfitPlans.com / MemberSpeed Inc.
Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat Member’s Submission; to publish Member’s name in
connection with Member’s Submission; and the right to sublicense such rights
to any supplier of the Services. No compensation will be paid with respect
to the use of Member’s Submission, as provided herein. WebProfitPlans.com /
MemberSpeed Inc. is under no obligation to post or use any Submission Member
may provide and WebProfitPlans.com / MemberSpeed Inc. may remove any
Submission at any time in its sole discretion. By Posting a Submission
Member warrants and represents to own or otherwise control all of the rights
to Member’s Submission as described in these TOU Use including, without
limitation, all the rights necessary for Member to provide, post, upload,
input or submit the Submissions.
B. In addition to the
warranty and representation set forth above, by Posting a Submission that
contain images, photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), Member warrant and represent that (a) Member is
the copyright owner of such Images, or that the copyright owner of such
Images has granted Member permission to use such Images or any content
and/or images contained in such Images consistent with the manner and
purpose of Member’s use and as otherwise permitted by these TOU and the
Services, (b) Member have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided consent to the use of the
Images as set forth in these TOU, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such
Images. By Posting Images, Member is granting (a) to all Members of Member’s
private community (for each such Images available to Members of such private
community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use
Member’s Images in connection with the use, as permitted by these Terms of
Use, of any of the Services, (including, by way of example, and not as a
limitation, making prints and gift items which include such Images), and
including, without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat Member’s Images without having
Member’s name attached to such Images, and the right to sublicense such
rights to any supplier of the Services. The licenses granted in the
preceding sentences for a Images will terminate at the time Member
completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time Member completely remove such Images. No
compensation will be paid with respect to the use of Member’s Images.
C. WebProfitPlans.com
/ MemberSpeed Inc. is a distributor (and not a publisher) of content
supplied by third parties and Members. Accordingly, WebProfitPlans.com /
MemberSpeed Inc. has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Members or any
other Member of WebProfitPlans.com / MemberSpeed Inc., are those of the
respective author(s) or distributor(s) and not of WebProfitPlans.com /
MemberSpeed Inc., The WebProfitPlans.com / MemberSpeed Inc. nor any
third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any
particular purpose.
11. NOTICE TO
PARENTS AND CHILDREN
We adhere to the
Children's Privacy Act. You must be 18 years of age to join or use
WebProfitPlans.com / MemberSpeed Inc. or any of the recommended or linked
sites. This site follows the guidelines, policies and laws of the Federal
Trade Commission (www.ftc.gov).
We retain the right to refuse anyone membership in any of our sites.
12.
COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the
Website or using the Services, you agree to obey the law and to respect the
intellectual property rights of others. Your use of the Services and the
Website is at all times governed by and subject to laws regarding copyright
ownership and use of intellectual property. You agree not to upload,
download, display, perform, transmit, or otherwise distribute any
information or Materials in violation of any third party’s copyrights,
trademarks, or other intellectual property or proprietary rights. You agree
to abide by laws regarding copyright ownership and use of intellectual
property, and you shall be solely responsible for any violations of any
relevant laws and for any infringements of third party rights caused by any
Materials you provide or transmit, or that is provided or transmitted using
your Member ID. The burden of proving that any Materials do not violate any
laws or third party rights rests solely with you.
13. DISCLAIMER
OF WARRANTY; LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY
AGREES THAT USE OF WebProfitPlans.com / MemberSpeed Inc. IS AT MEMBER'S SOLE
RISK. NEITHER WebProfitPlans.com / MemberSpeed Inc., ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT WebProfitPlans.com / MemberSpeed Inc. WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF WebProfitPlans.com / MemberSpeed Inc., OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH WebProfitPlans.com / MemberSpeed Inc.
B. WebProfitPlans.com
/ MemberSpeed Inc. IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THIS SECTION
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES
THAT WebProfitPlans.com / MemberSpeed Inc. IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
D. IN NO EVENT WILL
WebProfitPlans.com / MemberSpeed Inc., OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING WebProfitPlans.com / MemberSpeed Inc. OR
THE WebProfitPlans.com / MemberSpeed Inc. SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE Memberspeed Inc, MEMBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE
TERMS SET FORTH ABOVE NEITHER, WebProfitPlans.com / MemberSpeed Inc., NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN WebProfitPlans.com / MemberSpeed Inc., OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF
ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE
EXECUTION OF A STOCK TRADE, MEMBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
WebProfitPlans.com / MemberSpeed Inc., ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED
ON THE INFORMATION PROVIDED. NEITHER, WebProfitPlans.com / MemberSpeed Inc.,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE –
NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE
DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM
EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF
FIFTEEN (15) CALENDAR DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL
PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
14. NO INCOME
GUARANTEE
WebProfitPlans.com /
MemberSpeed Inc. make no claim regarding income guarantees or results from
using its products, services, recommendations or any partner services. You
are joining WebProfitPlans.com / MemberSpeed Inc. as a Member on your own
free will.
15. LINKS TO
THIRD PARTY SITES
A. THE LINKS IN THIS
AREA WILL LET YOU LEAVE WebProfitPlans.com / MemberSpeed Inc.'s SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF WebProfitPlans.com / MemberSpeed
Inc.. WebProfitPlans.com / MemberSpeed Inc. IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. WebProfitPlans.com / MemberSpeed Inc. IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. WebProfitPlans.com / MemberSpeed Inc. IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY WebProfitPlans.com / MemberSpeed Inc. OF THE SITE.
B. WebProfitPlans.com
/ MemberSpeed Inc. is a distributor (and not a publisher) of content
supplied by third parties and Members. Accordingly, WebProfitPlans.com /
MemberSpeed Inc. has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Members or any
other Member of WebProfitPlans.com / MemberSpeed Inc., are those of the
respective author(s) or distributor(s) and not of WebProfitPlans.com /
MemberSpeed Inc. and. Neither WebProfitPlans.com / MemberSpeed Inc. nor any
third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any
particular purpose.
C. In many instances,
the content available through WebProfitPlans.com / MemberSpeed Inc.
represents the opinions and judgments of the respective information
provider, Member, or other Member not under contract with WebProfitPlans.com
/ MemberSpeed Inc.. WebProfitPlans.com / MemberSpeed Inc. neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or
statement made on WebProfitPlans.com / MemberSpeed Inc. by anyone other than
authorized WebProfitPlans.com / MemberSpeed Inc. employee spokespersons
while acting in their official capacities. Under no circumstances
will WebProfitPlans.com / MemberSpeed Inc. be liable for any loss or damage
caused by a Member's reliance on information obtained through
WebProfitPlans.com / MemberSpeed Inc. It is the responsibility of Member to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through WebProfitPlans.com /
MemberSpeed Inc. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or
other content.
16.
UNSOLICITED IDEA SUBMISSION POLICY
WebProfitPlans.com /
MemberSpeed Inc. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS
TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN WebProfitPlans.com /
MemberSpeed Inc.'s PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO
IDEAS SUBMITTED TO WebProfitPlans.com / MemberSpeed Inc..
SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO WebProfitPlans.com / MemberSpeed Inc. OR ANYONE
AT WebProfitPlans.com / MemberSpeed Inc. IF, DESPITE OUR REQUEST THAT YOU
NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT WebProfitPlans.com / MemberSpeed Inc. MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
17. PRIVACY
POLICY
WebProfitPlans.com / MemberSpeed Inc. respects your privacy and
permits Members to control the treatment of personal information. A
complete statement of WebProfitPlans.com / MemberSpeed Inc. current Privacy
Policy can be reviewed by clicking on the "Privacy Policy" hypertext link
located or published at the bottom of our Web pages.
18. MONITORING
WebProfitPlans.com /
MemberSpeed Inc. shall have the right, but not the obligation, to monitor
the content of WebProfitPlans.com / MemberSpeed Inc., including chat rooms
and forums, to determine compliance with this Agreement and any operating
rules established by WebProfitPlans.com / MemberSpeed Inc. and to satisfy
any law, regulation or authorized government request. WebProfitPlans.com /
MemberSpeed Inc. shall have the right in its sole discretion to edit, refuse
to post or remove any material submitted to or posted on WebProfitPlans.com
/ MemberSpeed Inc.. Without limiting the foregoing, WebProfitPlans.com /
MemberSpeed Inc. shall have the right to remove any material that
WebProfitPlans.com / MemberSpeed Inc., in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
19.
INDEMNIFICATION
Member agrees to
defend, indemnify and hold harmless WebProfitPlans.com / MemberSpeed Inc.,
its affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys' fees,
arising out of the use of WebProfitPlans.com / MemberSpeed Inc. by Member or
Member's Account.
20.
TERMINATION
Either WebProfitPlans.com / MemberSpeed Inc. or Member may terminate this
Agreement at any time. Without limiting the foregoing, WebProfitPlans.com /
MemberSpeed Inc. shall have the right to immediately terminate Member's
Account in the event of any conduct by Member which WebProfitPlans.com /
MemberSpeed Inc., in its sole discretion, considers to be unacceptable, or
in the event of any breach by Member of this Agreement.
21. PAYMENTS
AND REFUND POLICY
A. Members are charged
for Services. If you pay someone other than us for these Services, then the
charges and billing terms are as stated by the other company or third-party.
Even if you do not pay for the some of the Services, you may still incur
charges incidental to using the Services; for example, charges for Internet
access, mobile text messaging, or other data transmission. The price for
the Services will be assed all applicable taxes and charges unless stated
otherwise. These taxes and charges are your responsibility. Currency
exchange settlements are based on your agreement with your payment method
provider. WebProfitPlans.com / MemberSpeed Inc. reserves the right to
change pricing from time to time, but it will be posted on the Website
before you incur any billing. If you do not agree to these changes, then
you must cancel and stop using the Website before the changes take place.
B. When you create an
account, you enter your payment method. You must be authorized to use the
payment method. You authorize WebProfitPlans.com / MemberSpeed Inc. to
charge you for the Services using your payment method and for any paid
feature of the Services for which you choose to sign-up
for. WebProfitPlans.com / MemberSpeed Inc. may bill you for more than one
of your prior billing periods together.
C. WebProfitPlans.com
/ MemberSpeed Inc. will provide you with an online billing statement
accessible online through your Member Account. This is the only billing
statement that WebProfitPlans.com / MemberSpeed Inc. provides. If you
request a paper copy, WebProfitPlans.com / MemberSpeed Inc. may charge you a
retrieval fee. WebProfitPlans.com / MemberSpeed Inc. will only provide
paper copies for the past 120 days. If WebProfitPlans.com / MemberSpeed
Inc. makes an error on your bill, WebProfitPlans.com / MemberSpeed Inc. will
correct it promptly after you tell us and WebProfitPlans.com / MemberSpeed
Inc. investigates the charge. You must tell us within 120 days after an
error first appears on your bill. You release us from all liability and
claims of loss resulting from any error that you do not report to us within
120 days after the error first appears on your online statement. If you do
not tell us within this time, WebProfitPlans.com / MemberSpeed Inc. will not
be required to correct the error. WebProfitPlans.com / MemberSpeed Inc. can
correct billing errors at any time.
D. You may cancel
your WebProfitPlans.com / MemberSpeed Inc. membership at anytime you desire,
however there will be no refunds for any charges processed within 36 hours
of your cancellation notice. The act of cancelling can be made via email or
using the cancellation form inside the member area, however the act of
cancelling does not constitute an automatic cancellation of your billing. If
you cancel after a payment has been processed, there will be no refunds for
that payment. Cancellation requests must contain your name, username and
date joined. If any of this information is missing, the cancellation request
may not be processed and you are liable for all membership fees
until WebProfitPlans.com / MemberSpeed Inc. receives required information.
Membership fees are lifetime for membership. Lifetime constitutes the
lifetime of the member or WebProfitPlans.com / MemberSpeed Inc..
E. WebProfitPlans.com
/ MemberSpeed Inc. reserves the right to cancel any member for reasons that
it feels are detrimental to the site, its members, its partners or the
future success of itself. Cancellations performed by WebProfitPlans.com /
MemberSpeed Inc. are final and any restitution will be the membership fee
paid within the past 30 days.
22. ENTIRE
AGREEMENT
This Agreement and the
privacy policy, licenses and any operating rules for WebProfitPlans.com /
MemberSpeed Inc. established by MemberSpeed Inc, constitute the entire
agreement of the parties and supersede all previous written or oral
agreements between the parties.
23.
ARBITRATION
Each party to this
Agreement expressly agrees that all disputes, claims or controversies that
exist or may come to exist between them including, without limitation, all
disputes, claims or controversies that exist or may arise out of, under or
in connection with this Agreement, first to binding arbitration located in
Washoe County, Nevada, United States in accordance with the Commercial
Arbitration Procedures of the American Arbitration Association. The
parties agree that judgment upon the arbitration award will be final,
binding and conclusive upon each party and may be entered into any court
having jurisdiction. In the case of action under this Section, the
prevailing party shall be entitled to recover its costs of the proceeding,
including reasonable attorneys' fees and out of pocket expenses.
24. CHOICE OF
LAW, VENUE AND FORUM
The TOU, the privacy
policy, licenses and any operating rules for WebProfitPlans.com /
MemberSpeed Inc. shall be construed in accordance with and governed by the
laws of the United States and the State of Nevada, without reference to
their rules regarding conflicts of law. You hereby irrevocably consent to
the exclusive jurisdiction of the state or federal courts in Washoe County,
Nevada, United States in all disputes arising out of or related to the use
of the Website or Services
25.
SEVERABILITY
If, for whatever
reason, a court of competent jurisdiction finds any term or condition in
these Terms of Use to be unenforceable, all other terms and conditions will
remain unaffected and in full force and effect.
26. WAIVER
No waiver of any
breach of any provision of these Terms of Use shall constitute a waiver of
any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing
and signed by an authorized representative of the waiving party.
27. HEADINGS
The section headings
used herein are for convenience only and shall not be given any legal
importance.
28. COPYRIGHT
All contents of
Website or Services are: © 2009 WebProfitPlans.com / MemberSpeed Inc. &
MemberSpeed Inc under license All rights reserved.
29. TRADEMARKS
WebProfitPlans.com /
MemberSpeed Inc. its logos are trademarks of MemberSpeed Inc used under
license by Power House Technology LLC. All other trademarks, names of
actual companies and products appearing on mentioned herein on the Website
are the property of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people and
events depicted herein are fictitious. No association with any real company,
organization, product, domain name, email address, logo, person, or event is
intended or should be inferred.
30. NO LICENSE
Nothing contained on
the Website should be understood as granting you a license to use any of the
trademarks, service marks, logos and the like owned by WebProfitPlans.com /
MemberSpeed Inc. or by any third party.
31. NOTICES
Any notices
to WebProfitPlans.com / MemberSpeed Inc. shall be given by email to support
@ WebProfitPlans.com / MemberSpeed Inc. and by certified mail, return
receipt requested MemberSpeed, Inc, 2248 Meridian Blvd. Suite H, Minden, NV
89423, United States and as may be otherwise directed by WebProfitPlans.com
/ MemberSpeed Inc.. Any notice to Members shall be sent by email to the
email address provided by the Member. Email notices to a Member shall be
deemed delivered twenty-four (24) hours from the time the email is sent.
Notices to WebProfitPlans.com / MemberSpeed Inc. shall be deemed delivered
five (5) calendar days after sent by certified mail.
32. COPYRIGHT INFRINGEMENT
WebProfitPlans.com /
MemberSpeed Inc. has in place certain legally mandated procedures regarding
allegations of copyright infringement occurring on the Website or with the
Services. WebProfitPlans.com / MemberSpeed Inc. has adopted a policy that
provides for the immediate suspension and/or termination of any Website or
Services Member who is found to have infringed on the rights
of WebProfitPlans.com / MemberSpeed Inc. or of a third party, or otherwise
violated any intellectual property laws or regulations. WebProfitPlans.com /
MemberSpeed Inc.'s policy is to investigate any allegations of copyright
infringement brought to its attention. If you have evidence, know, or have a
good faith belief that your rights or the rights of a third party have been
violated and you want WebProfitPlans.com / MemberSpeed Inc. to delete, edit,
or disable the material in question, you must provide WebProfitPlans.com /
MemberSpeed Inc. with all of the following information: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such
works; (c) identification of the material that is claimed to be infringed or
to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit WebProfitPlans.com / MemberSpeed Inc. to locate the material; (d)
information reasonably sufficient to permit WebProfitPlans.com / MemberSpeed
Inc. to contact you, such as an address, telephone number, and if available,
an electronic mail address at which you may be contacted; (e) a statement
that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the
law; and (f) a statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. For
this notification to be effective, you must provide it to the Copyright
Infringement Unit ,support @ WebProfitPlans.com / MemberSpeed Inc. and by
certified mail, return receipt requested MemberSpeed, Inc. 2248 Meridian
Blvd. Suite H, Minden, NV 89423, United States
33. FTC
DISCLOSURE STATEMENT
MemberSpeed Inc.
wishes to fully comply with the new Federal Trade Commission Rules
concerning the use of endorsements and testimonials in marketing and
advertising. Therefore, MemberSpeed Inc. will disclose all business or
material relationships to the endorsers, affiliates and the testimonials
listed herein on this site in a clear and conspicuous manner. To that
extent, if MemberSpeed Inc. gave a commission, monetary compensation or free
products and services for the commentary, review, endorsement, testimony and
the like listed herein on this site MemberSpeed Inc. will attempt to
disclose the business or material relationships either via a link to an FTC
disclosure statement or in the text of the post, blog, endorsement,
testimonial or other forms of marketing and advertising materials. If it
was an unsolicited testimonial from a paying member or customer MemberSpeed
Inc. will state that they had used MemberSpeed Inc. advertised products or
services and submitted commentary, review, endorsement, testimony and the
like listed herein on this site by their own free will to us. Furthermore,
MemberSpeed Inc., at their discretion, will neither deem someone an expert
in the field of the advertised products or services unless the expert
follows the FTC rules and guidelines nor claim that the commentary, review,
endorsement, testimony and the like listed herein on this site are
representative of what consumers/customers will generally achieve with the
MemberSpeed Inc. advertised products or services. MemberSpeed Inc.
encourages all questions concerning the business or material relationships
contained in either the commentary, review, endorsement, testimony and the
like listed herein on this site be addressed to our support desk at
MemberSupportSite.com.
34.
ACKNOWLEDGEMENT
BY USING THE SERVICES
OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF
USE AND AGREE TO BE BOUND BY THEM.
Any rights not
expressly granted herein are reserved.
